The Supreme Court’s recent decision in Espinoza v. Montana Department of Revenue provides significant opportunities for proponents of education opportunity. In Espinoza, the Court examined a state constitutional provision prohibiting aid to “sectarian” educational institutions—a provision known as a “Blaine Amendment.” 

The Court held that this state provision could not be used to exclude religiously affiliated schools from a generally applicable program providing tax credits for use at private schools, as that would violate the Free Exercise Clause of the First Amendment to the United States Constitution. 

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