Private and Religious School Backers See Broad Victory in Supreme Court Decision
The court drew its decision narrowly when ruling against a Montana tax break that excluded religious schools. But denominational school advocates will push a broad application.
WASHINGTON — A Supreme Court ruling on Tuesday against Montana’s exclusion of religious schools from a state scholarship program may have been drafted narrowly, but the victory for denominational education has breathed new life into far broader efforts to use public funding for private and parochial schools.
In a 5-4 decision, the court ruled that the state of Montana could not use a provision in its Constitution to exclude religious schools from its private school scholarship program. While the court’s ruling did not go beyond addressing Montana’s constitutional provision, which prohibits the use of public funding for denominational institutions and purposes, voucher opponents and proponents agreed that the decision effectively rendered such amendments toothless.
The provisions, known as Blaine amendments, exist in 37 states and generally restrict government aid to religious institutions. The amendments were named for James G. Blaine, who in the 1800s sought legal mechanisms to deny religious schools public funding, a popular stance at a time rife with discrimination against Catholics.
“Montana and other states should be very clear about this historic decision: Your bigoted Blaine amendments and other restrictions like them are unconstitutional, dead and buried,” Education Secretary Betsy DeVos said. “I’m calling on all states to now seize the extraordinary opportunity to expand all education options at all schools to every single student in America.”
Private school voucher proponents like Ms. DeVos, seeing clear legal momentum, say they will use other court cases and state legislative initiatives to expand voucherlike programs — and ultimately challenge provisions in at least 14 states that strictly prohibit the participation of religious schools in programs that provide tuition assistance.
Scott Bullock, the president and general counsel of the libertarian Institute for Justice, which argued and won the Espinoza case, said the group would work to strengthen programs across the country from challenges. CONTINUE READING: Private and Religious School Backers See Broad Victory in Supreme Court Decision - The New York Times
