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U.S. Supreme Court: Oral Arguments in ESPINOZA v. MONTANA DEPARTMENT OF REVENUE

January 22, 2020

"This case asks whether the Federal Constitution allows the wholesale exclusion of religious schools from scholarship programs."

Montana's Blaine Amendment requires the exclusion of schools with a religious affiliation from participation in the state's tax credit scholarship program. As a result, the Blaine Amendment discriminates against religious conduct, beliefs, and status in violation of the free-exercise clause under the U.S. Supreme Court's decision in Trinity Lutheran.

The Montana Supreme Court disagreed. That court held that barring religious schools from the program did not violate the Federal Constitution. This Court should reverse that judgment, the petitioners argue.

Author
Joe Barnett was managing editor of Budget & Tax News, a publication of The Heartland Institute. He now serves as a volunteer policy advisor.
jbarnett@heartland.org