How the Espinoza Case Could Affect Michigan

The Institute for Justice is representing 3 families discriminated against by the Montana Department of Revenue, which adopted a rule limiting the use of tax-credit scholarships to non-religious schools.

The Issue

In December 2018, the Montana Supreme Court sided with the state’s revenue department, becoming the first state to use a Blaine (anti-aid) amendment in its constitution to strike down a tax-credit scholarship program. Other courts have cited Blaine amendments to strike down voucher programs that direct government aid to families choosing private schools.

In 2002, the U.S. Supreme Court ruled that the First Amendment of the Constitution cannot be used to block parents from choosing private schools in a publicly funded program. A favorable ruling in the Espinoza case could remove the remaining major legal obstacle to universal educational choice in many states, including Michigan.

What are Blaine (or anti-aid) amendments?

These mostly 19th-century relics, found in 37 state constitutions, were added to prevent public dollars from supporting “sectarian” (Catholic) schools
Today these anti-aid amendments have been used with some success to litigate against private school choice programs in various states
Michigan has the newest (1970) and most restrictive anti-aid amendment language, written to deny families public support to choose “nonpublic schools”

What is the timeline for the case?

June 28, 2019: U.S. Supreme Court agrees to hear the Espinoza case
July-November 2019: Legal parties file written briefs with the Court
Hearing will be held during the 2019-20 term, with a ruling expected by June 2020

Why is the Mackinac Center taking an active role?

The Wall Street Journal called the Mackinac Center the nation’s “leading advocate for a universal education tax credit,” based on our groundbreaking 1997 report
In all, 18 states since have adopted some form of tuition tax credits
Michigan families should reap the benefits of a legal victory for expanded educational choice

What is the Mackinac Center doing?

Co-authored national op-ed laying out the stakes for Michigan & other states
Producing an amicus brief: a data-driven case study focused on the demand for better educational options in the nation’s worst-performing urban school district, Detroit

Learn more about the Mackinac Center’s Education Policy Initiative.