PHOENIX – Senate President Karen Fann and Speaker of the House Rusty Bowers have filed an amicus curiae brief in the Espinoza vs. Montana Department of Revenue case, which will be considered by the United States Supreme Court in the upcoming term.
A friend-of-the-court brief filed by Alliance Defending Freedom explained that the Montana Legislature designed its tax credit program to ensure the state would give equal treatment to religious and nonreligious schools. The program allowed parents to claim a tax deduction for donations to scholarship programs benefiting secular and religious private schools, as well as donations to public schools. But the Montana Department of Revenue, responsible for implementing and administering the program, created a rule to exclude religious schools from the tax credit program, citing Montana’s Blaine Amendment—a state constitutional provision with a sordid history enacted in the 1800s. The Montana Supreme Court invalidated all tax credits for students seeking to attend a private school solely because the program didn’t exclude students who attended religiously affiliated schools. The court left in place the tax credit for donations to public schools.
In Espinoza v. Montana Department of Revenue, the Supreme Court will determine if it violates the U.S. Constitution’s religious clauses or equal protection clause to invalidate a religiously neutral school aid program simply because students could attend religious schools as part of the program.
The Arizona legislators’ amicus curiae brief calls on the Supreme Court to affirm that school choice programs that afford students an opportunity to attend religious schools are constitutional by overturning the Montana Supreme Court’s ruling.
“Students shouldn’t be excluded from the benefits of a school choice program because of
their religious beliefs,” said Speaker Bowers in a press release. “For too long, school choice opponents have used religious discrimination codified into law by the Blaine Amendments to deprive students of a chance at a better education. I hope the Supreme Court finally rights this
wrong.”
“The Montana Supreme Court’s decision is in direct conflict with the Arizona Supreme Court’s decision upholding a very similar school choice program,” said President Fann, “and it would create a dangerous precedent if allowed to stand.”
Montana Speaker of the House Greg Hertz, Montana Senate Majority Leader Fred Thomas, and Nebraska Senator and Education Committee Chairman Mike Groene also signed onto Fann and Bowers’ brief.