EdChoice on U.S. Supreme Court victory in Espinoza - EdChoice

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  • Jun 30 2020

EdChoice on U.S. Supreme Court victory in Espinoza

INDIANAPOLIS—EdChoice, a national nonprofit organization that promotes state-based educational choice programs, released the following statement from Vice President of Legal Affairs Leslie Hiner regarding the U.S. Supreme Court’s ruling today in Espinoza v. Montana Department of Revenue:

“Victory for children and families today! Thanks to the U.S. Supreme Court ruling in Espinoza vs. Montana Dept of Revenue, the right of parents to choose any private school—religiously affiliated or not—for their children in a school choice program, is affirmed.

“The High Court overturned the Montana Supreme Court ruling blocking the state’s tax credit scholarship program because it allowed parents to choose religiously affiliated schools. Citing Marbury v. Madison, the Court referenced Montana’s ‘no-aid’ provision, typically known as a Blaine Amendment, and said, ‘Given the conflict between the Free Exercise Clause and the application of the no-aid provision here, the Montana Supreme Court should have ‘disregard[ed]’ the no-aid provision and decided this case ‘conformably to the [C]onstitution'” of the United States.

“Espinoza will strike a death blow to discriminatory Blaine amendments found in more than 30 state constitutions, which may restrict participation of religiously affiliated schools in publicly funded educational choice programs. Once an obstacle to parents and state legislators who value the right of parents to choose any school for their children’s education, today the Blaine obstacle has suffered defeat!”

EdChoice filed an amicus brief in the Espinoza case, which you can read here.

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