Today, in a long-awaited ruling on state Blaine Amendments, the U.S. Supreme Court ruled in favor of three Montana mothers who wished to enroll their children in religious schools with the assistance of a scholarship.
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Today, in fact right now, the United States Supreme Court is scheduled to finally hear the oral arguments in the case of Espinoza v. Montana Department of Revenue, which the Court agreed to hear back in June of last year. In 2015, lawmakers in Montana passed a school choice program that provided a state tax credit for private donations made to non-profit K-12 scholarship granting organizations. The following year, the program was halted by overzealous regulators at the state’s department of revenue who invoked the Montana constitution’s Blaine Amendment to bar scholarship recipients from using these funds at religious schools. A group of plaintiffs comprised of three mothers wishing to send their children to religious private schools challenged the Department of Revenue rule and so began the case now before the Supreme Court. The parents’ argument was that the rule that effectively invalidate the program was unconstitutional under both the Montana and the United States Constitutions as it violated their right to free exercise of religion. Despite the U.S. Supreme Court’s ruling in Trinity Lutheran v. Comer not long prior, the Montana State Supreme Court ended the program. The case being heard today aims to answer the issue of whether […]
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