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Home » Exercise Programs » And The Wall Between Church And State Continues To Crumble Under The Weight Of The High Courts Decision In Espinoza v. Montana Dep’t Of Revenue…

In a 5-4 decision by Chief Justice John Roberts, the Supreme Court of the United States ruled on June 30 that the no-aid to sectarian schools provision, in Article X, Section 6, of the Montana Constitution, which was used to strike down a scholarship program established by the Montana Legislature to provide tuition assistance to parents sending their children to private schools, violated the Free Exercise Clause of the Federal Constitution. The High Court, in applying strict scrutiny to the no-aid provision, stated: Montanas interest in creating greater separation of church and State than the Federal Constitution requires cannot qualify as compelling in the face of the infringement of free exercise here. Chief Justice Roberts reasoned that, because the Free Exercise Clause barred the no-aid provision in the Montana Constitution, the Montana Supreme Court could not use the no-aid provision to strike down the scholarship program in order to bar aid to schools controlled in whole or in part by churches. Chief Justice Roberts indicated that because the Judges in every State shall be bound by the Federal Constitution, and given the conflict between the Free Exercise Clause and the application of the no-aid provision, the Montana Supreme Court should have disregarded the no-aid provision in deciding the case below. In quoting the Courts decision in Trinity Lutheran, Chief Justice Roberts concluded that the supreme law of the land condemns discrimination against religious schools and the families whose children attend them, and their exclusion from the scholarship program here is odious to our Constitution and cannot stand. Thus, a state violates the Free Exercise Clause, when it discriminate[s] against schools based on the religious character of the school.

Justices Thomas, Alito, Gorsuch, and Kavanaugh joined in the opinion of the Court, while Justices Ginsburg, Kagan, Breyer, and Sotomayor dissented. Certain Justices also filed their own concurring or dissenting opinions. In her dissenting opinion, Justice Sotomayor stated: Todays ruling is perverse. Without any need or power to do so, the Court appears to require a State to reinstate a tax-credit program that the Constitution did not demand in the first place. Justice Sotomayor also indicated that, with todays ruling, the Court rejects the Religion Clauses balanced values in favor of a new theory of free exercise, and it does so only by setting aside well-established judicial constraints.

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And The Wall Between Church And State Continues To Crumble Under The Weight Of The High Courts Decision In Espinoza v. Montana Dep't Of Revenue...

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Home » Exercise Programs » And The Wall Between Church And State Continues To Crumble Under The Weight Of The High Courts Decision In Espinoza v. Montana Dep’t Of Revenue…