U.S Supreme Court Rules in Favor of School Choice

from Pamela Benigno at the Independence Institute

Today, in a long-awaited ruling on state Blaine Amendments related to school choice programs, the U.S. Supreme Court, cited the Independence Institute in a landmark 5-4 favorable ruling in Espinoza v. Montana Department of Revenue.

The Independence Institute filed the amicus brief to offer the Court evidence of how the drafters and ratifiers of both the Colorado and Montana constitutions used the term "sectarian" to discriminate against disfavored religious beliefs. Justice Alito’s concurring opinion cited the Independence Institute brief, and also cited the scholarship of Robert G. Natelson, Director of the Independence Institute's Constitutional Studies Center.

There are 37 states that have Blaine language (no-aid provisions) in their state constitutions, including Colorado. Montana's "no aid" provision was applied incorrectly against the Montana scholarship program and violated the U.S. Constitution's Free Exercise Clause. The majority opinion, by Chief Justice John Roberts, wrote: "this Court has repeatedly upheld government programs that spend taxpayer funds on equal aid to religious observers and organizations, particularly when the link between government and religion is attenuated by private choices." 

In 2015, lawmakers in Montana passed a scholarship tax credit program that allowed for a state tax credit for private donations made to K-12 scholarship granting organizations. But regulators at the state’s department of revenue invoked the Montana constitution’s Blaine Amendment to bar scholarship recipients from using the scholarships at religious schools.

Three mothers, to send their children to religious private schools, legally challenged the Montana Department of Revenue rule. The Montana Supreme Court decided to end the program because it allowed parents to use their children's scholarships at religious schools.

The Independence Institute, since its founding in 1985, has actively supported Colorado private school choice efforts to empower parents to choose the best educational option for their children. Pamela Benigno, a long-time school choice advocate, and director of the Independence Institute's Education Policy Center said, "For more than three decades, the Independence Institute has held that Colorado's Blaine Clause should not preclude parents from choosing a religious school when participating in a school choice program. We are elated that the U.S. Supreme Court has finally settled the debate, in favor of parental choice."

The Independence Institute is a free market, non-partisan, non-profit public policy research organization based in Denver, Colorado.

For more information about the Independence Institiute, visit www.i2i.org