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.
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.