ESPINOZA v MONTANA DEPARTMENT OF REVENUE

On June 30, 2020, The U.S. Supreme Court validated a parent’s right to direct the education of their children. In the case, Espinoza v. Montana Department of Revenue, the court found that a provision in Montana’s Constitution that had the effect of denying parents the choice of attending religious schools is discriminatory and violates the free exercise clause of the U.S. Constitution. Such provisions, commonly called a “Blaine Amendment” (and described in detail below) have existed in 37 state constitutions. The Espinoza decision portends the beginning of their demise.

The court’s decision was a victory for education opportunity and excellence. Wrote Chief Justice John Roberts in the 5-4 majority opinion, “Drawing on ‘enduring American tradition,’ we have long recognized the rights of parents to direct ‘the religious upbringing’ of their children.”

The decision sent shock waves through the traditional education establishment. As the Institute for Justice put it, “While this ruling effectively invalidates nearly every Blaine amendment, there is more to be done to ensure that this ruling is enforced, specifically by wiping bad case law off the books and establishing school choice programs in every state.”

Throughout the United States, 37 state constitutions had “Blaine Amendments” — named after 19th century Congressman James Blaine nearly 150 years ago — that unfairly prohibited aid to religiously affiliated schools that could otherwise be given to secular schools. Because of these Amendments, millions of families have been denied the ability to give their children the best education possible.

Over the years, in state after state, your government and its lawmakers have often avoided enacting educational reforms that give parents choices over private schools, having been led to believe that giving parents the power to use their tax dollars to choose a school other than their public school is unconstitutional. But now the high court has said what many have known for years – that what is actually unconstitutional is denying parents their rights over a diverse range of education choices, religious or not.

Kendra Espinoza and several other mothers challenged this bigotry that Montana courts permitted in protection of that state’s Blaine Amendment. They took their case to the U.S. Supreme Court, fighting not just for their kids but for all who suffer i state-sponsored discrimination.

Thankfully, our nation’s highest court buried this “doctrine borne of bigotry” – as the Court called it – saving the educational successes that were in jeopardy in Montana and throughout the nation. Justice prevailed and the Blaine Amendment was overruled, empowering countless underserved Montana students to be given new opportunities to obtain and continue a quality education of their parents’ choosing without fear of having it taken from them.

Now it’s time to remove those 18th century Amendments from the law books in every state!

Blaine Amendments are a shameful assault 
on parental rights, equality of opportunity, freedom of choice, and, of course, the 
First Amendment itself.

But here’s the awful truth: that’s why Blaine Amendments were written in the first place! It’s sad but true.

During the height of the Know-Nothing Era in the 1800s, the Blaine Amendment was specifically designed to target and forcibly assimilate new immigrants to the U.S. who held non-Protestant religious beliefs by preventing them from attending their own schools.

While it failed at the federal level, it was adopted by dozens of states. And while they were originally aimed mainly at Catholics, they were eventually used to hurt the entire faith-based education community and those it serves. Across the nation, Blaine Amendments egregiously gave license to local government authorities to hinder parents from doing what they know in their hearts is best for their kids. And with each day these outdated products of prejudice were allowed to stay on the books, more and more students were put at risk.