Supreme Court: Parents Are Free to Choose the Best Education for Their Children

There hasn’t been much good news from the Supreme Court lately, but today we’re happy to share a good opinion from our nation’s high Court. Today, five of the Court’s nine justices decided that parents should be free to choose the best education for their children—and that includes education in private, faith-based schools.

The Court’s decision today is a win for parents, for religious freedom, and most importantly—for children. We believe that children win when their parents can choose the best education for each child, and that no government should place limitations on a child’s future because of her zip code or her family’s income.

And, today’s decision is a beautiful story of how families and godly values advance when we—the family of believers—unleash our citizenship to see government work for the people.

Please let me share that story with you. I believe it’s an important one for every believer who cares about this country to know.

In 2015, good legislators in the state of Montana passed into law a tax-credit scholarship program designed to help low-income families, especially single mothers, send their children to the best schools for them—including private faith-based schools. The law was written by our friends at Montana Family Foundation.

Then things started to go wrong. The Montana Department of Revenue issued a rule saying that children receiving the scholarships could not use them at faith-based schools. So, three mothers who believed their children would be better off at faith-based schools filed a lawsuit. Sadly, the Montana Supreme Court issued an opinion in 2018, stating that it believed Montana’s Constitution allows the state government to discriminate against faith-based schools based on a provision historically used to prohibit government funds from going to faith-based schools (also known as a “Blaine Amendment”), and it struck down Montana’s good scholarship program.

What’s worse is that many states have “Blaine Amendments” in their Constitutions, and these Amendments were discriminatory in nature from their very beginning. They started out in the 1870’s as a way to keep Catholic influence out of the largely Protestant public schools during a time of high anti-Catholic and anti-immigrant bias in America. Obviously, the Blaine Amendments are old dinosaurs in the law based on interdenominational conflicts that need to go extinct.

As the conflict over Montana’s scholarship program reached the Supreme Court, the Montana Family Foundation, which represents family values in the state, filed a friend-of-the-court brief in the case defending the law on behalf of Montana’s families.

Family Policy Alliance and the state family policy councils also worked to gather state lawmakers to file another friend-of-the-court brief in the case to show the Supreme Court that good lawmakers in other states also want to advance options for education choice for families. In fact, many lawmakers who are alumni of Family Policy Foundation’s Statesmen Academy signed onto this brief!

And now today, the Supreme Court declared that families in Montana should be free to choose the education that best suits their children—including in faith-based schools, that the old Blaine Amendment used to invalidate the scholarship program is bigoted and discriminatory, and that faith-based schools can’t be disqualified from a school choice program just because they are faith-based.

President Trump, who supports school choice for children as a civil rights issue, also issued a statement today in support of the Court’s decision, saying “no parent should be forced to send their child to a failing school.”

Today’s decision is a celebration of how children are the real winners when believers work to elect state lawmakers who support their values, those state lawmakers pass good laws, citizens and lawmakers join together to defend those good laws, the nation’s high Court applies our constitutional religious freedom protections correctly, and our President supports the values we hold dear.

This is a win for biblical citizenship in action, for your faithful partnership in supporting the mission of Family Policy Alliance to advance your values in both public policy and elections, and—most importantly—for children who deserve the best foundation we can give them as they seek out God’s calling on their lives.

For our children,

 Autumn Leva
Vice President of Strategy