Supreme Court opens door to state funding for religious schools | CNN Politics
In a ruling that will open the door to more public funding for religious education, the Supreme Court on Tuesday ruled in favor of parents in Montana seeking to use a state scholarship program to send their children to religious schools.
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The court said that a Montana tax credit program that directed money to private schools could not exclude religious schools.
The 5-4 ruling was penned by Chief Justice John Roberts and joined by the court's four conservative justices.
"A State need not subsidize private education. But once a State decides to do so, it cannot disqualify some private schools solely because they are religious," Roberts wrote in the majority opinion.
CNN Supreme Court analyst and professor at the University of Texas School of Law Stephen Vladeck said Tuesday's decision "represents a significant step in the direction of federal constitutional protections for religious schools."
"Today's ruling appears to suggest that there's virtually no gray area -- and that a state may only decline to extend neutral tax credits to religious schools when extending the credit would itself be unconstitutional," Vladeck said.
The controversy stemmed from a program created by the Montana legislature in 2015 that allowed residents to receive a tax credit of up to $150 for a contribution to a scholarship program. The donations were then used to fund tuition scholarships for children seeking to attend the private school of their choice. In Montana, the majority of private schools are religiously affiliated.
Soon after, however, the Montana Department of Revenue excluded religiously affiliated schools from the program, citing the fact that the state Constitution bars state funds for religious education.
Lawyers for Montana argued that the amendment is valid because states are finding a balance -- protecting the free exercise of religion while ensuring the separation of church and state.
The case was a follow-up to a 2017 opinion when the Supreme Court ruled that a Missouri policy that excluded a church-run preschool from a grant program used to resurface playgrounds was unconstitutional. In a footnote at the time, however, Roberts said that the opinion did not concern funds used for religious purposes -- leaving that issue for another day.
This is a big win for the likes of Betsy DeVos, whose plan to push for school vouchers and private school tax incentives under the slogan of school choice, defund public schools, and provide religious institutions with quasi-direct state/federal funding has come to fruition.