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.

Continue reading

Supreme Court rules for vouchers

The Supreme Court came down heavily in support of religious education when it ruled today that a Montana voucher program that excluded religious schools was unconstitutional. I’ll write more later, but for now, here are a couple of points:

First, the decision doesn’t have any immediate impact on vouchers in Indiana. The Hoosier state, like Montana, has language in its constitution that bars state aid for religious institutions. But the Indiana Supreme Court got around the provision by reasoning that vouchers go to parents, not private schools.

Continue reading