U.S. Supreme Court Rejects Prohibition on Tax-Credit Scholarships for Religious Schools
July 2, 2020
A sharply divided U.S. Supreme Court on Tuesday ruled that a Montana state constitutional provision barring aid to religious schools discriminated against those schools and families seeking to benefit from a state tax credit for scholarship donations.
"Montana's no-aid provision bars religious schools from public benefits solely because of the religious character of the schools," Chief Justice John G. Roberts Jr. wrote for the court in a 5-4 decision. "The provision also bars parents who wish to send their children to a religious school from those same benefits, again solely because of the religious character of the school."
The decision came in Espinoza v. Montana Department of Revenue (Case No. 18-1195), which involves a $150 state tax credit for contributions to funds that provide scholarships for students to attend private schools, including religious schools.