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.
CASE UPDATE: In a 5-4 opinion, the U.S. Supreme Court struck down discriminatory policies that some states use to block support of and access to religious schools. Learn more
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.
Learn more about the Mackinac Center’s Education Policy Initiative.