Power2Parent Co-signs Amicus Brief in Montana School Choice Supreme Court Case
Power2Parent has joined The Institute for Justice and 22 organizations from across the Unites States as co-signers on an Amicus Brief in support of school choice, Espanoza vs. Montana Department of Revenue, that will be heard in the US Supreme Court beginning tomorrow, January 22, 2020.
This is likely the most important school choice case in the nation. A case where the Montana Supreme Court ruled that the state can exclude religious options for parents who chose to participate in the generally available tax-credit scholarship program.
The Question this case hopes to answer is : "Does the state have the right to discriminate against parents who choose religious education for their children?"
The Institute for Justice has given us a brief history of this case:
"Nearly 30 states and the District of Columbia currently give parents a full range of educational choice—including religious options—through various school choice programs. In 2015, the Montana Legislature, likewise, enacted a scholarship program that provides a modest tax credit (up to $150 annually) to individuals and businesses who donate to private scholarship organizations. Those scholarship organizations could then use the donations to give scholarships to needy families who want to send their children to private schools, including religious schools.
Soon after the program's passage, however, the Montana Department of Revenue enacted an administrative rule that prohibited participants from using their scholarships at religious schools. The Department claimed that the "Blaine Amendment" of the Montana Constitution required the exclusion of religious options. In 2018, the Montana Supreme Court agreed with the Department's view but took it one step further: In a 5-2 ruling, the court invalidated the entire scholarship program simply because it afforded parents and students the choice of religious schools. Families who wish to use the scholarships at religious schools challenged the decision as a violation of their free exercise rights under the First Amendment."
We are grateful the Supreme Court has taken up this case and are looking forward to clarity of law that the ruling will allow parents and children of Nevada and across the country, the ability to fully choose the options best suited for their child.
The outcome of this case will potentially impact many low- income and moderate- income families, and will have far-reaching consequences for this program in the Montana case and other programs like it.
Stay tuned to Power2Parent for updates on this vital school choice case.
Power2Parent is a non-profit organization. As such, we rely on your generous donations to keep fighting for parental rights in Nevada. Thank you.
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