The Supreme Court delivered a landmark victory for parents, students, and advocates of religious freedom alike on Tuesday by striking down a Montana law that prevented a private school tax credit scholarship program from including religious schools. The decision has the potential to neutralize the “Blaine Amendments” found in more than 30 state constitutions that restrict the participation of religiously affiliated schools in publicly funded education choice programs.
The Montana Supreme Court previously blocked religious schools from the program because it claimed it violated the Montana Constitution’s Blaine Amendment. However, the Supreme Court, by a 5-4 majority, overturned Montana’s decision on the grounds that it contradicted the U.S. Constitution’s free exercise of religion clause. This may be a win for religious institutions, but it’s definitely a win for school choice, which has been shown to boost outcomes in secular public schools.
