A long-awaited school vouchers bill cleared the Utah Senate on Friday that offers publicly funded grants of $500 to $3,000 to pay private school tuition -- as well as the potential for lawsuits.

"This bill empowers parents to vote with their feet if they are willing to add their own dollars to tuition in a private school," said Sen. Howard Stephenson, R-Draper, one of the 19 senators who voted for the bill.

That margin was more comfortable than the 38-37 vote by which the bill cleared the state House of Representatives. The legislation now heads to Gov. Jon Huntsman Jr., and he's indicated he will sign it into law.

If he does, it's "highly likely" that the state will face legal challenges over the issue, said Mark Mickelsen, spokesman for the Utah Education Association, which will push for a veto.

That is because of potential constitutional conflicts in the proposed program.

One of its supporters acknowledged that "this bill may not be perfect."

"We may have to in future sessions make corrections, fine-tune and make it so that it does do the things that those voting in the majority want it to do," said Senate President John Valentine, R-Orem.

Two Republicans joined the Senate's eight Democrats in voting against the bill.

One of those was Sen. John Greiner, R-Ogden, who wanted private schools receiving the vouchers to perform criminal background checks on teachers, something public schools must do.

Senate Majority Leader Curt Bramble, R-Provo, said the amendment wasn't necessary because private schools already can perform background checks if they want to.

The larger issue brought up Friday was whether the program would violate provisions of Utah's constitution.

"It looks like the best challenge to the bill would be a constitutional challenge," Mickelsen said. "For the governor to sign this bill would probably put the state into a position of having to deal with numerous legal challenges."

Sen. Ross Romero, D-Salt Lake City, raised some of those concerns during the Senate floor debate.

One section of the Utah Constitution prohibits making an appropriation to directly support a religious organization's educational institution.

Another part, he noted, states that "no public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or for the support of any ecclesiastical establishment."

"There is too much involvement, ultimately, in money that will go to private schools with religious emphasis," Romero said. "I think this is bad policy."

Bramble said the bill passes constitutional muster because the money is provided to parents without regard to the type of school they choose.

"It is neutral with regard to race, religion and all the other types of issues," he said. "It provides equal access to all."

Valentine echoed that assessment: "This bill doesn't appropriate money to any religion."

The voucher amount would be based on income. Current private school students will not be eligible.

One aspect of the bill touted by proponents is that it won't take money from the Uniform School Fund, which is funded by the state income tax.

Instead, the appropriations -- $9.3 million in 2008 and $12.4 million in 2009 -- would come from the state General Fund, which is responsible for other areas of state spending, such as health, human services and corrections.

Bramble said that means there's additional money for education, since current school funds won't be affected but will cover fewer students.

"It means that there is more money going into educating children in the state of Utah," he said.

But Sen. Patricia Jones, D-Salt Lake City, wondered if providing vouchers would be a form of robbing Peter to pay Paul.

"Regardless of whether it's the Uniform School Fund or the General Fund or whatever fund, something is going to have to give," she said. "In this case, it'll be our kids, it'll be the services and the people who need those services."