CHARLESTON, W.Va. (DC News Now) — West Virginia Attorney General Patrick Morrisey has filed a motion to protect the Hope Scholarship Act after a delay of funding.

The Hope Scholarship is designed to enable parents of Kindergarten age students to move their chidren out of public schools if they so choose.

School choice has been a hotly debated issue nationwide, especially on the heels of the Supreme Court decision in Carson V. Makin in which the court ruled parents could apply similar school vouchers to religious schools.

A West Virignia Intermediate Court on August, 2, rejected a stay request, Morrisey now hopes to repeal that decision. This uphill battle from Morrisey is all in an effort to raise the fate of this act to the state Supreme Court where he hopes to argue the constitutionality of the bill.

The legal battle over this case will likely have considerable consequences for the school choice debate in West Virginia.

“This is a good law and I will not let this minor setback derail my office in fighting for Hope Scholarship’s constitutionality,” Attorney General Morrisey said. “This delay of funds will only hurt the thousands of families who were set to receive money from the Act. This is about protecting the fundamental freedom of parents to choose the best education for their children.”

It was the Kanawha County Circuit Court judge that first enjoined the state from implementing the bill, claiming it violates the state Constitutional requirements regarding provision of free public schools.

“I am urging the state Supreme Court of Appeals to stay the decision so that thousands of West Virginia families can receive the money the Legislature intended for the upcoming school year—which starts in a matter of weeks.”