Supreme Court Delivers Big Win for School Choice and Religious Liberty Advocates
The U.S. Supreme Court delivered a major victory today for both school choice and religious liberty advocates. “A State need not subsidize private education,” declared Chief Justice John Roberts. “But once a State decides to do so, it cannot disqualify some private schools solely because they are religious.”
The case is Espinoza v. Montana Department of Revenue. It centered on a 2015 scholarship program created by the Montana legislature “to provide parental and student choice in education.” The program functioned by offering a tax credit to individuals and businesses who donated to private, nonprofit scholarship organizations, which used those donations to fund educational scholarships. Qualifying families could then use the scholarship dollars to help send their children to a “qualified education provider,” including religiously affiliated private schools.
But the Montana Supreme Court killed the scholarship program in 2018, holding that it violated a provision of the Montana Constitution which bars t
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