Court embraces ‘short-sighted view of history’

It’s bad enough that the Supreme Court took a wrecking ball Tuesday to the constitutions of 38 U.S. states. What’s truly discouraging is that it did so while vastly oversimplifying American history.

Supreme Court Building, West Pediment

Supreme Court Building, West Pediment

The court ruled, in Espinoza v. Montana Department of Revenue, that Montana couldn’t bar religious schools from participating in a “neo-voucher” program that provided state funding for scholarships to religious K-12 schools. In a 5-4 decision, the conservative majority ruled that barring religious schools was discrimination in violation of the First Amendment.

The majority opinion — and especially concurring opinions by Justices Samuel Alito and Clarence Thomas — framed the decision as a blow against anti-Catholic bias enshrined in state constitutions via 19th century “Blaine amendments.” But that view papers over complex history, said Steven K. Green, a legal scholar at Willamette University and a leading expert on church-state issues.

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Supreme Court case ‘a virtual earthquake’ for public schools

Thomas Jefferson wrote in 1802 that the First Amendment created “a wall of separation between Church and State.” A case before the U.S. Supreme Court today could not only tear down that wall – it could declare that efforts by the states to enforce the wall are unconstitutional.

Supreme Court Building

Supreme Court Building

The case, Espinoza v. Montana Department of Revenue, concerns a Montana program that provides tax credits for donating to tuition scholarships for private schools, most of which are religious schools. A type of school voucher program, it’s not as blatant as the Indiana program that directly funds tuition for students in religious schools, but it accomplishes the same purpose.

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