CURMUDGUCATION: This Case Could Break The Wall Between Church And School

CURMUDGUCATION: This Case Could Break The Wall Between Church And School

This Case Could Break The Wall Between Church And School

Three weeks ago, I wrote about the Espinoza v. Montana Department of Revenue case for Forbes, trying to explain why it would be a big deal if the Supremes decided to hear this case. One thing has changed since then-- the court has decided they will hear the case.

This is a big deal. Here's a slightly modified version of that Forbes piece to serve as an explainer for why we need to pay attention.

This summer the US Supreme Court has decided to hear Espinoza v. Montana Department of Revenue. Its decision will have huge repercussions for public education. To grasp why this case matters and why it's coming up now, there are two pieces of background you need to understand.

Tax Credit Scholarships

Tax credit scholarships are yet another variation on a school voucher program. With vouchers, a family picks the school it wants its child to attend, and the state hands that child's "share" of education funding to that school. The problem is that when a family chooses a religious school (as is often the case), that can run afoul of the separation of church and state in general, and Blaine Amendment laws in particular. The Blaine Amendment was a failed Constitutional amendment that prohibited spending tax dollars on sectarian schools; 38 states adopted it for their own constitutions. It's not an easy law to defend, because it rose out of nativist reaction to immigrant Catholics, even if does fit with the wall between church and state.

Tax Credit Scholarships do an end run around the wall. A business or wealthy individual gives a CONTINUE READING: CURMUDGUCATION: This Case Could Break The Wall Between Church And School