The Court Case That Could Finally Take Down Antiquated Anti-Catholic Laws
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 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, where I work, though I’m not directly involved with the lawsuit.)
