On June 30, the U.S. Supreme Court issued its ruling declaring that Montana’s “Blaine Amendment” is unconstitutional because it violates the First Amendment.
In the case of Espinoza v. Montana Department of Revenue, parents sought to use Montana’s tax credit scholarship to attend a religious private school. The state barred the parents from using the tax credit on the basis that the use of funds violated the state’s Blaine Amendment.
Blaine Amendments block private religious organizations from receiving state funds.
“Blaine Amendments, which are in 37 states’ constitutions, were the product of nativism and bigotry,” said Bishop Michael C. Barber, S.J. of Oakland in a statement by the U.S. Conference of Catholic Bishops.
Wisconsin’s Constitution has a Blaine Amendment in it, but it is not as stringent as other states.
The Wisconsin Supreme Court found vouchers constitutional in 1998. That decision was upheld by the U.S. Supreme Court in 2002 (Zelman v. Simmons-Harris). But that decision was not broad enough to address the stricter Blaine amendments in other state constitutions.
“This decision represents a turning point in the sad and static history of American education, and it will spark a new beginning of education that focuses first on students and their needs,” said U.S. Secretary of Education Betsy DeVos in a statement.
The Supreme Court’s ruling makes it clear that Blaine Amendments are no longer a barrier preventing parental choice in education. Now, other states are free to pursue the parental choice options that Wisconsin has enjoyed since 1990.
Although the Court ruling is a major win for parental choice, there is still a lot of work to be done for educational access for all.
