In Espinoza v. Montana Department of Revenue, the Montana Supreme Court upheld the state’s Blaine Amendment, which prohibits public funding from going to religious schools. The decision was made in December 2018. This morning, the Supreme Court announced it will hear an appeal of the case, and the high court’s conservative majority will have an opportunity to set the record straight on school choice.

Previously, Montana had a program that allowed people who donated to a private-school funding organization to receive tax credits, from which both religious and nonreligious private school donors benefited. The Montana Department of Revenue challenged this program, stating it violated the Establishment Clause in Montana’s state constitution.

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