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Supreme Court Dismisses State Ban on Public Funding for Religious Schools

Update: Could a Montana school choice case be the end of Blaine amendments?
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Supreme Court Dismisses State Ban on Public Funding for Religious Schools
Image: Casey Kreider / The Daily Inter Lake via AP
Jeri Anderson and Kendra Espinoza are parents of students at Stillwater Christian School in Montana.

Update (June 30): Montana violated the First Amendment when it barred religious schools from a state scholarship program, the US Supreme Court ruled Tuesday, in a case school choice advocates hope will open the door for more education voucher programs.

The state’s “no aid provision,” categorically banning any type of aid to religious schools, represents an overly sweeping effort at church-state separation that results in religious discrimination against religious schools and adherents, wrote Chief Justice John Roberts in the 5–4 Espinoza vs. Montana Department of Revenue decision.

“The prohibition before us today burdens not only religious schools but also the families whose children attend or hope to attend them,” the opinion read. “They are ‘member[s] of the community too,’ and their exclusion from the scholarship program here is ‘odious to our Constitution’ and ‘cannot stand.’”

Roberts said that states ...

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