AP

Supreme Court lifts ban on state aid to religious schooling

Jun 30, 2020, 11:36 AM | Updated: Dec 30, 2022, 11:25 am
Supreme Court Religious Schools...
The Supreme Court is seen in Washington, early Monday, June 15, 2020. (AP Photo/J. Scott Applewhite)
(AP Photo/J. Scott Applewhite)

WASHINGTON (AP) — States can’t cut religious schools out of programs that send public money to private education, a divided Supreme Court ruled Tuesday.

By a 5-4 vote with the conservatives in the majority, the justices upheld a Montana scholarship program that allows state tax credits for private schooling in which almost all the recipients attend religious schools.

The Montana Supreme Court had struck down the K-12 private education scholarship program that was created by the Legislature in 2015 to make donors eligible for up to $150 in state tax credits. The state court had ruled that the tax credit violated the Montana constitution’s ban on state aid to religious schools.

Chief Justice John Roberts wrote the opinion that said the state ruling itself ran afoul of the religious freedom, embodied in the U.S. Constitution, of parents who want the scholarships to help pay for their children’s private education. “A state need not subsidize private education. But once a state decides to do so, it cannot disqualify some private schools solely because they are religious,” Roberts wrote.

In a dissent, Justice Sonia Sotomayor described the ruling as “perverse.”

“Without any need or power to do so, the Court appears to require a State to reinstate a tax-credit program that the Constitution did not demand in the first place,” she said.

Parents whose children attend religious schools sued to preserve the program. The high court decision upholds families’ rights “to exercise our religion as we see fit,” said Kendra Espinoza, the lead plaintiff in the lawsuit whose two daughters attend the Stillwater Christian School in Kalispell, Montana, near Glacier National Park.

Roughly three-dozen states have similar no-aid provisions in their constitutions. Courts in some states have relied on those provisions to strike down religious-school funding.

Two states with existing private education programs, Maine and Vermont, could see quick efforts to force them to allow religious schools to participate.

Attorney General William Barr praised the ruling as “an important victory for religious liberty and religious equality in the United States.” The Trump administration supported the parents’ Supreme Court appeal.

Advocates for allowing state money to be used in private schooling said the court recognized in its decision that parents should not be penalized for sending their children to schools that are a better fit than the public schools.

“This opinion will pave the way for more states to pass school choice programs that allow parents to choose a school that best meets their child’s individual needs, regardless of whether those schools are religious or nonreligious,” said Erica Smith, a senior attorney with the Institute for Justice, which represented the parents in their court fight.

But the president of the Montana Federation of Public Employees, which counts more than 12,000 teachers and other school workers as union members, called the decision “a slap in the face” to its members and the communities they serve.

“Today’s decision violates Montana’s commitment to public education, our children, and our constitution. Extremist special interests are manipulating our tax code to rob Montana children of quality education while padding the pockets of those who run exclusive, discriminatory private schools,” union president Amanda Curtis said.

In a separate concurring opinion, Justice Samuel Alito pointed to evidence of anti-Catholic bigotry that he said motivated the original adoption of the Montana provision and others like it in the 1800s, although Montana’s constitution was redone in 1972 with the provision intact. Justice Brett Kavanaugh, whose two daughters attend Catholic schools, made a similar point during arguments in January when he talked about the “grotesque religious bigotry” against Catholics that underlay the amendment.

The decision was the latest in a line of decisions from the Supreme Court, which now includes Pres. Trump appointees Neil Gorsuch and Kavanaugh, that have favored religion-based discrimination claims. In 2014, the justices allowed family-held, for-profit businesses with religious objections to get out from under a requirement to pay for contraceptives for women covered under their health insurance plans. In 2017, the court ruled for a Missouri church that had been excluded from state grants to put softer surfaces in playgrounds.

The high court also is weighing a Trump administration policy that would make it easier for employers to claim a religious or moral exemption and avoid paying for contraceptives for women covered by their health plans. Still another case would shield religious institutions from more employment discrimination claims.

The Supreme Court also has upheld some school voucher programs and state courts have ratified others.

We want to hear from you.

Have a story idea or tip? Send it to the KSL NewsRadio team here.

Today’s Top Stories

AP

quit their jobs...
PAUL WISEMAN AP Economics Writer

US added a strong 517,000 jobs in January despite Fed hikes

The Fed is aiming to achieve a "soft landing" — a pullback in the economy that is enough to tame high inflation without triggering recession.
1 day ago
Thousands of fraudulent nursing diplomas  were dispersed in Florida. (Canva)...
Associated Press via Miami Herald

Fake nursing diploma scheme in Florida; 25 arrested

The defendants each face up to 20 years in prison.
2 days ago
Microsoft is cutting 10,000 workers, almost 5% of its workforce, in response to "macroeconomic cond...
MATT O'BRIEN, Associated Press

Job cuts in tech sector spread, Microsoft lays off 10,000

Microsoft said in a regulatory filing Wednesday that had just notified employees of the layoffs, some of which begin immediately.
17 days ago
exxon mobil sign pictured...
SETH BORENSTEIN and CATHY BUSSEWITZ Associated Press

Study: Exxon Mobil accurately predicted warming since 1970s

Exxon said its understanding of climate change evolved over the years and that critics are misunderstanding its earlier research.
23 days ago
FILE - Protesters, supporters of Brazil's former President Jair Bolsonaro, stand on the roof of the...
The Associated Press

Brazil and Jan. 6 in US: Parallel attacks, but not identical

RIO DE JANIERO, Brazil — Enraged protesters broke into government buildings that are the very symbol of their country’s democracy. Driven by conspiracy theories about their candidate’s loss in the last election, they smashed windows, sifted through the desks of lawmakers and trashed the highest offices in the land in a rampage that lasted hours […]
25 days ago
President Joe Biden pictured...
ZEKE MILLER AP White House Correspondent

DOJ reviewing potentially classified docs at Biden center

Special counsel to the president Richard Sauber said “a small number of documents with classified markings” were discovered at the offices of the Penn Biden Center.
26 days ago

Sponsored Articles

Banner with Cervical Cancer Awareness Realistic Ribbon...
Intermountain Health

Five Common Causes of Cervical Cancer – and What You Can Do to Lower Your Risk

January is National Cervical Cancer Awareness month and cancer experts at Intermountain Health are working to educate women about cervical cancer, the tests that can warn women about potential cancer, and the importance of vaccination.
Kid holding a cisco fish at winterfest...
Bear Lake Convention and Visitors Bureau

Get Ready for Fun at the 2023 Bear Lake Monster Winterfest

The Bear Lake Monster Winterfest is an annual weekend event jam-packed full of fun activities the whole family can enjoy. This year the event will be held from January 27-29 at the Utah Bear Lake State Park Marina and Sunrise Resort and Event Center in Garden City, Utah. 
happy friends with sparklers at christmas dinner...
Macey's

15 Easy Christmas Dinner Ideas

We’ve scoured the web for you and narrowed down a few of our favorite Christmas dinner ideas to make your planning easy. Choose from the dishes we’ve highlighted to plan your meal or start brainstorming your own meal plan a couple of weeks before to make sure you have time to shop and prepare.
Spicy Homemade Loaded Taters Tots...
Macey's

5 Game Day Snacks for the Whole Family (with recipes!)

Try these game day snacks to make watching football at home with your family feel like a special occasion. 
Happy joyful smiling casual satisfied woman learning and communicates in sign language online using...
Sorenson

The Best Tools for Deaf and Hard-of-Hearing Workplace Success

Here are some of the best resources to make your workplace work better for Deaf and hard-of-hearing employees.
Team supporters celebrating at a tailgate party...
Macey's

8 Delicious Tailgate Foods That Require Zero Prep Work

In a hurry? These 8 tailgate foods take zero prep work, so you can fuel up and get back to what matters most: getting hyped for your favorite
Supreme Court lifts ban on state aid to religious schooling