Supreme Court to Tackle Issues of Religion and School Choice This Week

January 21, 2020 by Dan McCue
Supreme Court to Tackle Issues of Religion and School Choice This Week
The U.S. Supreme Court building, June 2019. (Photo by Dan McCue)

WASHINGTON – The Supreme Court on Wednesday will wade into a thorny battle over school-choice programs and state aid for religious schools as it weighs a request from three Montana families to allow a state scholarship program to fund their children’s Christian education.

The petitioners in the case argue they’re asking the court to resolve a conflict between the constitutional protection of freedom of religion and its prohibition against government support of religion.

But critics of that argument, including the American Federation of Teachers, say what the petitioners really want “is a broad constitutional ruling that the Free Exercise Clause prohibits states from refusing to fund religious education. ”

“If the decision goes in a certain way, it will be a virtual earthquake,” Federation president Randi Weingarten told ABC News recently.

Weingarten and others fear if the families prevails, it will lead to a significant reduction in state funding of public education.

The dispute in the underlying case goes back to 2015 when the Montana legislature approved state tax credits of up to $150 per year to encourage donations to a scholarship fund that supports low-income children seeking to attend private schools of their choice.

The three families in the case said they could not afford tuition payments to send their children to a local Christian school without financial aid.

But the Montana Department of Revenue intervened, holding that under Montana’s state constitution the tax-credit supported scholarships cannot be used to pay for religiously-affiliated education. The families sued.

In 2018, the Montana Supreme Court struck down the scholarship program in its entirety, prompting the families to seek U.S. Supreme Court review.

In their petition for a writ of certiorari, the petitioners claim Montana’s constitution violates the First Amendment’s religious free exercise clause, and that by law, the state must exhibit “neutrality not hostility” toward religion when it administers student aid programs.

In its response, the state argued the voiding of the scholarship program is not a case of hostility toward religion but rather stems from “the view that barring aid to religious institutions promotes religious freedom.”

“A state can decline to rebuild church playgrounds – but only if it declines to rebuild any playgrounds,” the state’s brief says. “And it can decline to support religious private schools – but only if it declines to support any private school.”

Thirty-seven states, including Montana, have explicit constitutional bans on any public funding for religiously-affiliated schools.

The case is Espinoza v. Montana Dept. of Revenue. No. 18-1195. 

A+
a-
  • education funding
  • freedom of religion
  • school choice
  • Supreme Court
  • In The News

    Health

    Voting

    Biden Announcing New Rule to Protect Consumers Who Purchase Short-Term Health Insurance Plans

    President Joe Biden on Thursday announced new steps to protect consumers who buy short-term health insurance plans that critics say amount to junk. A... Read More

    President Joe Biden on Thursday announced new steps to protect consumers who buy short-term health insurance plans that critics say amount to junk. A new rule finalized by the Democratic president's administration will limit these plans to just three months. And the plans can only be renewed for a maximum... Read More

    US Changes How It Categorizes People by Race and Ethnicity. It's the First Revision in 27 Years

    ORLANDO, Fla. (AP) — For the first time in 27 years, the U.S. government is changing how it categorizes people by race and... Read More

    ORLANDO, Fla. (AP) — For the first time in 27 years, the U.S. government is changing how it categorizes people by race and ethnicity, an effort that federal officials believe will more accurately count residents who identify as Hispanic and of Middle Eastern and North African heritage. The revisions... Read More

    Biden Fundraiser With Obama and Clinton Nets Record High $25M, the Campaign Says

    WASHINGTON (AP) — A fundraiser for President Joe Biden on Thursday in New York City that also stars Barack Obama... Read More

    WASHINGTON (AP) — A fundraiser for President Joe Biden on Thursday in New York City that also stars Barack Obama and Bill Clinton is raising a whopping $25 million, setting a record for the biggest haul for a political event, his campaign said. The eye-popping amount... Read More

    March 28, 2024
    by Dan McCue
    Vice President Harris Rolls Out First Government-Wide Policy to Mitigate AI Risks

    WASHINGTON — Vice President Kamala Harris on Wednesday rolled out the Biden administration’s first government-wide policy intended to mitigate the... Read More

    WASHINGTON — Vice President Kamala Harris on Wednesday rolled out the Biden administration’s first government-wide policy intended to mitigate the risks associated with artificial intelligence while still enabling its use to advance the public interest. The new policy, which is being issued through the White House... Read More

    March 27, 2024
    by TWN Staff
    Rep. Cleaver New Co-Chair of House Renewable Energy and Energy Efficiency Caucus

    WASHINGTON — Rep. Emanuel Cleaver II, D-Mo., is the new Democratic co-chair of the House Renewable Energy and Energy Efficiency... Read More

    WASHINGTON — Rep. Emanuel Cleaver II, D-Mo., is the new Democratic co-chair of the House Renewable Energy and Energy Efficiency Caucus. He was invited to serve as co-chair by Sens. Jack Reed, D-R.I., and Mike Crapo, R-Idaho, the co-chairs of the Senate Renewable Energy and Energy... Read More

    March 27, 2024
    by Dan McCue
    One-Time Treatment Could Revitalize Immune Systems in the Elderly

    PALO ALTO, Calif. — A new study suggests that a one-time treatment that modulates the composition of a type of... Read More

    PALO ALTO, Calif. — A new study suggests that a one-time treatment that modulates the composition of a type of immune cell could potentially revitalize the immune systems of the elderly, helping their bodies better react to viral and bacterial threats. The research was carried out... Read More

    News From The Well
    scroll top