| Espinoza v. Montana Department of Revenue | |
|---|---|
 | |
| Argued January 22, 2020 Decided June 30, 2020 | |
| Full case name | Kendra Espinoza, et al. v. Montana Department of Revenue, et al. |
| Docket no. | 18-1195 |
| Citations | 591 U.S. ___ (more) 140 S. Ct. 2246; 207 L. Ed. 2d 679 |
| Argument | Oral argument |
| Case history | |
| Prior | Espinoza v. Montana Dep't of Revenue, 2018 MT 306, 393 Mont. 446, 435 P.3d 603; cert. granted, 139 S. Ct. 2777 (2019). |
| Holding | |
| The application of the no-aid provision discriminated against religious schools and the families whose children attend or hope to attend them in violation of the Free Exercise Clause of the Federal Constitution. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Roberts, joined by Thomas, Alito, Gorsuch, Kavanaugh |
| Concurrence | Thomas, joined by Gorsuch |
| Concurrence | Alito |
| Concurrence | Gorsuch |
| Dissent | Ginsburg, joined by Kagan |
| Dissent | Breyer, joined by Kagan (Part I) |
| Dissent | Sotomayor |
| Laws applied | |
| U.S. Const. amend. I | |
Espinoza v. Montana Department of Revenue, 591 U.S. ___ (2020), was a landmark[1][2][3][4] United States Supreme Court case in which the Court ruled that a state-based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution.[5]
- ^ Barnes, Robert (July 1, 2020). "Courts & Law: Supreme Court says states that subsidize private education must include religious schools". The Washington Post. Archived from the original on July 2, 2020. Retrieved July 2, 2020.
In what advocates called a landmark ruling, Roberts said the religious protections of the U.S. Constitution prevail. It holds implications for public funding of religious institutions in other areas and continues a recent pattern of the Supreme Court erasing stark lines in the separation of church and state.
- ^ John Kramer (Vice President for Communications) (June 30, 2020). "Landmark Victory for Parents In U.S. Supreme Court School Choice Case". Institute for Justice. Archived from the original on July 2, 2020. Retrieved July 2, 2020.
- ^ Liv Finne (Director of the Center for Education at Washington Policy Center) (June 30, 2020). "Landmark Court ruling opens up education options for WA parents". Washington Policy Center. Archived from the original on July 2, 2020. Retrieved July 2, 2020.
The U.S. Supreme Court ruled that by preventing these families from using tax credit scholarships at a private religious school, the state of Montana violated their First Amendment right to the free exercise of religion. Today's ruling invalidates Montana's "no-aid" clause and the Blaine Amendments of 37 states, including the Blaine Amendment in Washington state's constitution.
{{cite web}}:|author1=has generic name (help) - ^ Howe, Amy (June 30, 2020). "Opinion analysis: Court rules that religious schools cannot be excluded from state funding for private schools". SCOTUSblog. Archived from the original on July 3, 2020. Retrieved July 2, 2020.
Today's decision was a landmark win for school-choice advocates.
- ^ Espinoza v. Montana Dep't of Revenue, No. 18-1195, 591 U.S. ___ (2020).
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