This morning, IJ succeeded in eradicating the biggest legal obstacle standing between parents and their ability to choose the best educational options for their children.
In a 5-4 decision <[link removed]> in Espinoza v. Montana Department of Revenue, the U.S. Supreme Court ruled that states may not discriminate against religious options in generally available educational choice programs. As you may recall, IJ convinced the Supreme Court to decide this crucial legal question after the Montana Supreme Court struck down the state’s new tax-credit scholarship program. Why? Because some of the families who received scholarships through the program, like IJ client Kendra Espinoza and her daughters, freely chose to use them at religious schools.
The Montana high court claimed, as choice opponents have for decades, that allowing parents like Kendra to do this violated the state constitution’s Blaine Amendment—which forbids state funding of so-called sectarian institutions. The U.S. Supreme Court made clear in its ruling today that it was wrong. As Chief Justice Roberts wrote in the majority opinion, “Drawing on ‘enduring American tradition,’” the Court has long recognized the rights of parents to direct the upbringing of their children.
Today’s victory ranks among the most important education reform decisions in half a century. Now the exciting work of leveraging it begins. In the months ahead, IJ will lead a nationwide campaign to clear the way for new and expanded choice programs, with special focus on the 14 states where Blaine provisions have previously made such efforts impossible.
Please help us use this landmark victory to extend new educational opportunities to hundreds of thousands of families by making an online gift to IJ <[link removed]> today.
Scott
Scott G. Bullock
President and General Counsel
Institute for Justice
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