Rather than comply, Governor Brownback appealed to the Kansas Supreme Court. A decision is expected this month.

A victory for the parents would be heartening, but if it comes, would Governor Brownback and legislative leaders uphold the right to education guaranteed to Kansas school children?

The signals thus far are not promising. If the Kansas Supreme Court orders restoration of the funding, legislators are threatening to amend the state’s Constitution by removing the requirement for “suitable” school funding and to strip Kansas courts of jurisdiction to hear school finance cases altogether. And if the amendment fails, they have vowed to defy any court order for increased funding or, at the very least, take the money from higher education.

A court-stripping constitutional amendment, and defiance of a state Supreme Court order, would shred the very fabric of Kansas’ government and send shock waves through state capitals across the nation. It would allow elected branches to avoid any responsibility to adhere to the language and interpretation of their state constitutions by the courts. It would gravely undermine judicial independence and shut the courthouse door to vulnerable children who, as a last resort, seek legal redress to vindicate their fundamental right to an education.

As the Gannon trial judges noted, matters such as education are placed in constitutions because they are “intended for permanence” and “to protect them from the vagaries of politics.”

Kansans rightfully take pride in their strong public school system. But as Kansas goes, so may go the nation. The Kansas Constitution, like those in other states, demands that every child be given the educational opportunity to meet his or her promise. This requires, at a minimum, adequate and suitable school funding. Governor Brownback and legislators must meet the constitutional command and, by so doing, advance the core American value of equal opportunity for all.