The Supreme Court gave a boost to school choice advocates Tuesday by ruling that barring a state scholarship program from religious institutions violated the U.S. Constitution.
The ruling was 5-4, with the conservative majority finding Montana violated the First Amendment when it excluded religious schools from a state scholarship program.
“No comparable ‘historic and substantial’ tradition supports Montana’s decision to disqualify religious schools from government aid. In the founding era and the early 19th century, governments provided financial support to private schools, including denominational ones,” wrote Chief Justice John G. Roberts, Jr. for the court’s opinion.
In Espinoza v. Montana Department of Revenue, the Montana Supreme Court struck down a state scholarship program for disadvantaged children to go to the school of their choice because some of the funds could go to religious schools.
Three mothers who had children impacted by the state’s move brought the case.
School choice advocates cheered the ruling, saying it validated parental rights to direct the education of children.
“The weight that this monumental decision carries is immense, as it’s an extraordinary victory for student achievement, parental control, equality in educational opportunities, and First Amendment rights,” said Jeanne Allen, founder of the Center for Education Reform.
The four Democratic-appointed justices would have barred the state program from being used for religious schools.
Justice Ruth Bader Ginsburg wrote a dissent, arguing that the state had struck down the scholarship program in its entirety for private schools — whether religious or secular. She said that move did away with any discrimination based on faith.
“The Montana Supreme Court’s decision does not place a burden on petitioners’ religious exercise,” she said.
