On State Constitutions and Restrictions Against Tuition Tax Credits – The Atlantic
This has implications for Christian Schools across the country. (KSchaal)
Later this month, the U.S. Supreme Court will hear one of the most significant education cases in decades: Espinoza v. Montana Department of Revenue. Centering around a modest tax-credit scholarship program in Montana, Espinoza could have major ramifications for educational-choice programs across America, which help nearly half a million students attend private schools.In deciding Espinoza, the Court has the opportunity to do more than just settle the fate of one controversial tax credit; it could also junk Montana’s Blaine Amendment, finding it in violation of the Constitution’s religious-freedom and equal-protection clauses. In doing so, it would set a strong precedent against any law born of bigotry, even if other justifications seem neutral.The Espinoza case dates back to 2015, when, shortly after state lawmakers enacted the tax-credit scholarship program, the Montana Department of Revenue devised a rule that banned families from using the scholarships to attend religious schools, which account for more than two-thirds of the state’s private schools. The case is brought by three Montana moms whose children are thriving at a private religious school; without the tax-credit scholarships, the families are struggling to pay tuition.
Source: Espinoza v. Montana and the Blaine Amendments – The Atlantic
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