Campbell County School District, State of Wyoming;, Appellants (plaintiffs) v. State of Wyoming: Diana J…

Summary

The Wyoming Supreme Court held Wyoming's public school finance system unconstitutional under the Wyoming Constitution's education article (Art. 7, §§ 1, 9) and equal protection clause (Art. 1, § 34). The court affirmed the district court's declarations that the municipal divisor, recapture, and optional mills features were unconstitutional, and reversed the district court's holdings that the divisor and capital construction features were constitutional. The court extended Washakie County School District v. Herschler by holding that strict scrutiny applies to all school finance disparities regardless of whether they are wealth-based, and that the state bears the burden of proving funding disparities are cost-justified. Justice Thomas concurred, expressing disappointment at the legislature's failure to act after Washakie and suggesting a statewide levy might be necessary.