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Educational Choice Advocacy Alert to Parents, Clergy and Educators
Commentary by: Candice Wright on May 22, 2020 - 2:56 pm
EdChoice on Espinoza v. Montana Dept. of Revenue
Commentary by: Candice Wright on May 22, 2020 - 11:46 am
EdChoice on SCOTUS announcement in Espinoza v. Montana Dept. of Revenue
EdChoice | June 28, 2019
In Espinoza vs Montana Dept of Revenue, EdChoice and 12 others filed amicus briefs at the U.S. Supreme Court in support of Montana parents who are asking the Court to consider their case.
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 on the announcement today that the U.S. Supreme Court will hear arguments in an important school choice case next term:
“The U.S. Supreme Court threw a lifeline to children and families in Montana today when they agreed to accept Espinoza vs Montana Dept of Revenue for consideration next term. Parents who chose to accept scholarships from tax credit scholarship organizations so their children could attend a private school that best fits their educational needs are appealing an adverse decision against the program by the Montana Supreme Court.
“This case may also be a vehicle for the Court to further clarify the full meaning of the Trinity Lutheran vs Comer case, where the Justices concluded that religious entities could not be excluded from widely available public benefit programs.
“Families hoping to get the help they need to get their children into schools where their children can learn best will be closely watching this case. The case will be briefed and argued
WILL, SCOTT WALKER SUBMIT AMICUS TO U.S. SUPREME COURT IN SCHOOL CHOICE CASE
Commentary by: Candice Wright on May 22, 2020 - 11:35 am
SCHOOL CHOICE, RELIGIOUS FREEDOM AT STAKE IN ESPINOZA V. MONTANA
Wisconsin Institute for Law & Liberty (WILL) | September 25, 2019
“The Wisconsin Institute for Law & Liberty (WILL), on behalf of Governor Scott Walker, filed an amicus brief to the United States Supreme Court in Espinoza v. Montana, a critical school choice and religious freedom case before the justices this session…
The WILL-Walker Brief: Espinoza could be a landmark case for both school choice and religious liberty. Around 14 states have broad interpretations of so-called “Blaine Amendments”, archaic anti-Catholic laws that restrict state funds from going directly or indirectly to religious organizations (more here). This essentially prevents school voucher programs in those states.
WILL’s brief urges the Court to overturn one of its prior cases, Locke v. Davey, which upheld a college scholarship program in the State of Washington that could not be used to pursue a degree in devotional theology. The Court’s 7-2 majority opinion in 2004 held that singling out religion in this way did not violate the First Amendment. WILL argues states may not discriminate against religion in this way and that the Court was wrong to conclude otherwise.
The Quote: Wisconsin Governor Scott Walker said, “The Montana case before the United States Supreme Court represents hope and opportunity for millions of families across the country who wish to choose where and
The Alliance for Choice in Education Files Supreme Court Brief
Commentary by: Candice Wright on May 22, 2020 - 11:22 am
The Alliance for Choice in Education Files Supreme Court Brief
April 11, 2019
The Alliance for Choice in Education’s brief ties together many of the themes present in the numerous amicus briefs filed in support of Kendra Espinoza. The brief first points out that barring religious options from Montana’s school choice program perpetuates the historical discrimination and persecution that undergirds Montana’s Blaine Amendment. It then shows how excluding religious options for parents hampers the secular purposes of raising student achievement and improving life-outcomes for program participants. Finally, the brief makes a compelling argument for why discriminating against religion in scholarship programs constitutes a “clear infringement on” the free exercise of religion.
Answers to Frequently Asked Questions About Blaine Amendments
About the Center for Education Reform
Founded in 1993, the Center for Education Reform aims to expand educational opportunities that lead to improved economic outcomes for all Americans — particularly our youth — ensuring that the conditions are ripe for innovation, freedom and flexibility throughout U.S. education.
As a non-partisan, nonprofit organization, CER does not endorse candidates or take political positions but will always recognize and applaud those who advance sound education policies, no matter what their affiliation.
Agudath Israel Files Supreme Court Brief
Commentary by: Candice Wright on May 22, 2020 - 11:10 am
Agudath Israel Files Supreme Court Brief: Is Excluding Religious Schools from a School Choice Program Constitutional?
Agudath Israel of America | April 12, 2019
“Agudath Israel has filed an amicus curiae (friend of the court) brief in the Supreme Court of the United States in a case, Espinoza v. Montana Department of Revenue, involving a Montana tax credit program for donations to scholarship funds for students attending private schools. The Montana Department of Revenue ruled that the scholarship could not be used at religious schools, on the grounds that the state Constitution contained a provision that prohibited government aid, even indirect aid, to religious institutions. The Department’s decision was challenged in court, and, eventually, the Supreme Court of Montana upheld the position of the Department. Agudath Israel had submitted a brief in that case as well, arguing that under the Free Exercise Clause of the United States Constitution, states should not be allowed to exclude religious institutions from public benefit programs.
In its current brief, Agudath Israel urges the United States Supreme Court to hear the Montana case. The brief argues that under the Supreme Court’s own precedents, notably Trinity Lutheran Church of Columbia v. Comer, decided in 2017, government grant programs may not exclude religious institutions from benefits solely because they are religious institutions. In that case, the Court held that a Missouri program that provided state funding
Amicus Brief Filed in Most Important Education Case in Decades
Commentary by: Candice Wright on May 12, 2020 - 8:37 pm
Amicus Brief Filed in Most Important Education Case in Decades
Blaine Amendment has denied millions their Constitutional Rights
WASHINGTON, D.C. — With the U.S. Supreme Court scheduled to consider the most important education case in decades, organizations representing parents, educators, successful schools and policymakers have joined in filing an Amicus Brief to the High Court in the case Espinoza v. Montana Department of Revenue. The case centers on the constitutionality of Montana’s Blaine Amendment and its application to deny parents the ability to direct the education of their children. The Blaine Amendment, enacted in a majority of states following its 1875 conception, is the reason many states say they cannot permit the flow of tax dollars allocated for education to religiously affiliated schools, even if parents need and prefer those options to their traditional public school.
Calling the use of Blaine Amendments to deny parents the option to send their children to schools best suited for their needs the “tyranny of zip code,” the amicus argues first that “denying parents the ability to exercise that right because of the religious affiliation of the schools they deem best-suited for their children results in numerous direct and significant injuries to core constitutional interests. It infringes upon parents’ liberty interest in directing their children’s upbringing, and it infringes upon the fundamental First Amendment protection of free exercise.”
Parents have a constitutionally protected liberty interest to the best educational opportunity for their children.
Amicus Brief Filed in Most Important Education Case in Decades
Commentary by: Candice Wright on September 19, 2019 - 10:51 am
Amicus Brief Filed in Most Important Education Case in Decades
Blaine Amendment has denied millions their Constitutional Rights
WASHINGTON, D.C. — With the U.S. Supreme Court scheduled to consider the most important education case in decades, organizations representing parents, educators, successful schools and policymakers have joined in filing an Amicus Brief to the High Court in the case Espinoza v. Montana Department of Revenue. The case centers on the constitutionality of Montana’s Blaine Amendment and its application to deny parents the ability to direct the education of their children. The Blaine Amendment, enacted in a majority of states following its 1875 conception, is the reason many states say they cannot permit the flow of tax dollars allocated for education to religiously affiliated schools, even if parents need and prefer those options to their traditional public school.
Calling the use of Blaine Amendments to deny parents the option to send their children to schools best suited for their needs the “tyranny of zip code,” the amicus argues first that “denying parents the ability to exercise that right because of the religious affiliation of the schools they deem best-suited for their children results in numerous direct and significant injuries to core constitutional interests. It infringes upon parents’ liberty interest in directing their children’s upbringing, and it infringes upon the fundamental First Amendment protection of free exercise.”
Parents have a constitutionally protected liberty interest to the best educational opportunity for their children.
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