Editorial: Nightmare without an end in sight

Tuesday, July 15, 2003 | 8:53 a.m.

Just when it looked as if there might be a resolution to the frustrating stalemate over taxes and education funding, a deadlock that has prevented the passage of a state budget by the Nevada Legislature, one more setback occurs. On Monday federal judge Phil Pro issued a temporary restraining order to prevent the Legislature from passing, by a simple majority, an increase in taxes to pay for state government spending. Business groups, conservative organizations and most Republican lawmakers sought the injunction following last week's Nevada Supreme Court decision. The Supreme Court ruled that the state constitutional requirement to fund public schools trumped the requirement that tax increases be passed by a two-thirds vote, so the court ruled that taxes could be raised by a majority vote.

The earliest the injunction could be lifted would be Wednesday, which is when federal judges in Nevada will consider the merits of the lawsuit. The lawsuit contends that Nevadans' voting and equal protection rights would be violated unless a tax plan passes with the two-thirds majority, a requirement that became part of the Nevada Constitution when a voter referendum was approved in 1996.

Once again our public schools have been thrown into turmoil as it appears uncertain whether a budget-and-taxes plan can be passed in time to hire enough qualified teachers for the classrooms once the new school year begins in August. The two-thirds requirement is not all that's to blame for the impasse. Just as importantly, the crisis was fueled by the refusal of 15 Assembly Republicans to yield to reason and pass modest tax increases so that all businesses in the state pay their fair share to fund public education. With the issue now in federal court, there is a greater delay and a greater crisis for our schools.