Tag: Espinoza vs. Montana Department of Revenue

U.S. Supreme Court to conference on Maine school choice case

States can’t discriminate against religious schools because of their religious identity. But can states discriminate if the school teaches religious things? If you thought this debate was settled by the U.S. Supreme Court last summer, think again. Two recent circuit court rulings say yes, states can discriminate against religious instruction.[Read More…]

redefinED’s best of 2020: Supreme Court in Espinoza ruling opens door to state funding for religious schools

Editor’s note: During the holiday season, redefinED is reprising the “best of the best” from our 2020 archives. This post originally published June 30. In a landmark decision today on school choice, the U.S. Supreme Court ruled  that the Montana Department of Revenue’s shutdown of a tax-credit scholarship program for[Read More…]

Faced with needs, voters unsurprisingly chose school choice

Editor’s note: This commentary from Ben DeGrow, director of education policy for the Mackinac Center for Public Policy in Midland, Mich., published Monday on The Hill. The once-forecasted political “blue wave” offered labor leaders and their partisan allies the hope of rolling back educational choice, but that wave never arrived.[Read More…]

podcastED: SUFS president Doug Tuthill interviews education choice icon Stephen Sugarman: Part 3

In the last of a three-part podcast series, Tuthill and Berkeley law professor Sugarman discuss the landmark Espinoza v. Montana Department of Revenue Supreme Court decision. The June 2020 decision made it clear that a state cannot exclude religious schools from receiving funding from a program created by the state[Read More…]

PodcastED: SUFS president Doug Tuthill interviews education choice icon Stephen Sugarman: Part 2

On this episode, Tuthill continues his conversation with education choice pioneer Stephen Sugarman of Berkeley Law School. The two discuss Sugarman’s 2017 article in the Journal of Law and Religion in which Sugarman argues that prohibiting faith-based schools from becoming charter schools is unconstitutional under the First Amendment’s Establishment Clause.[Read More…]

In Espinoza’s wake, is the Blaine bane at risk?

“Like to one more rich in hope.” Twelfth Night, Shakespeare The media are calling the long-awaited U.S. Supreme Court decision in Espinoza v. Montana Department of Revenue a victory for “conservatives.” The Court has liberated a few low-income Montana families from conscription by the state and the teachers union, and[Read More…]

Komer saved the best for last

Bigots spent an enormous amount of effort in the late 19th century enshrining their hostility to Catholics and Jews into dozens of state constitutions in the form of Blaine Amendments. They quite nearly amended the federal Constitution as well. It was never going to be easy to undo, but it[Read More…]