SCOTUS decides constitutionality of discriminatory “Blaine Amendments”

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January 16, 2020

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COMING NEXT WEEK:

Supreme Court to Hear Biggest Education Case in 60 Years

In Espinoza v. Montana, educational opportunity & parental rights at stake as SCOTUS decides constitutionality of discriminatory “Blaine Amendments”

Montana among 37 states with Blaine Amendment on law books, threatening education choices for families most in need

WASHINGTON — On January 22, 2020, the U.S. Supreme Court (SCOTUS) will hear the most monumental case involving both education and civil rights in more than 60 years — Espinoza v. Montana Department of Revenue [[link removed]] — in which state-level “ Blaine Amendments [[link removed]]” could finally be struck down after nearly 150 years of undermining equal opportunity in education and First Amendment rights.

The Center for Education Reform (CER) filed a friend-of-the-court brief in support of Kendra Espinoza and the other plaintiffs last year. It was joined by a dozen other organizations and civil rights leaders. * READ IT HERE [[link removed]]*

“The stakes truly don’t get any bigger than this,” said CER founder and CEO Jeanne Allen. “If justice prevails and all Blaine Amendments are struck down, then hundreds of thousands of students in lower-income families nationwide will be free to obtain or continue a quality education without fear of having it taken from them because of an outdated relic [[link removed]] from a prejudicial past— which is tragically what occurred in Montana [[link removed]].”

The significance of the high court ruling in favor of Espinoza is that state legislatures would then be able to enact programs providing parents the opportunity to use tax dollars allocated for their children’s education at the schools they choose, including religious schools. In all 37 states with a Blaine Amendment [[link removed]] on the books, the government currently retains the power to deny families of lesser means certain educational options that other families enjoy.

The author of the CER amicus brief, former U.S. Solicitor General Paul Clement (2004-2008), emphasized the following:

“For many parents, this is not about choosing a religious school, but about choosing the right school for their child and his or her learning needs. Well-off parents have the ability to make that choice, and if they have multiple children, they often pick different schools for the different learning needs of each child. But parents like Kendra Espinoza and her fellow petitioners aren't able to exercise that right. That’s what this case is truly about.”

As Kendra Espinoza sadly learned, Montana is one of 17 states [[link removed]] operating under an oftentimes confusing interpretation of the Blaine Amendment, the result of which can be the discrimination under review in this case. For the children of Montana families like Kendra’s, Blaine being overturned would mark a tremendous victory as it would remove future justification for inhibiting educational options.

“In every Blaine Amendment state, overturning the 19th century amendment would open up endless possibilities for students to receive the kind of 21st century education they need and deserve in this global economy,” added CER’s Allen.

Following the case’s likely decision in June, lawmakers in all 37 Blaine Amendment states are poised to enact corresponding legislation in the event of an Espinoza victory.

For in-depth information about Espinoza v. Montana and the true history of the Blaine Amendment, visit CER’s online resource bank here [[link removed]].

OTHER USEFUL LINKS:

THE HILL: The 7 big Supreme Court cases to watch in 2020 [[link removed]]

THE ATLANTIC: The Court Case That Could Finally Take Down Antiquated Anti-Catholic Laws [[link removed]]

A Decision 144 Years In the Making: CER’s exclusive podcast with Kendra Espinoza [[link removed]]

Stay up to date with the latest news about Espinoza v. Montana and the Blaine Amendments by following CER on Facebook [[link removed]] and Twitter [[link removed]]!

Founded in 1993, the Center for Education Reform [[link removed]] (CER) 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.

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