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22 sty 2020 · Espinoza and the other mothers filed a lawsuit in state court challenging Rule 1. The court determined that the scholarship program was constitutional without Rule 1 and granted the plaintiffs’ motion for summary judgment. On appeal, the Department of Revenue argued that the program is unconstitutional without Rule 1.
In a 5–2 decision in December 2018, the Montana Supreme Court agreed with the families that the Department of Revenue was without power to pass a rule that fundamentally conflicted with the text of the scholarship program.
Syllabus. ESPINOZA ET AL. v. MONTANA DEPARTMENT OF REVENUE ET AL. CERTIORARI TO THE SUPREME COURT OF MONTANA. No. 18–1195. Argued January 22, 2020—Decided June 30, 2020. The Montana Legislature established a program that grants tax credits to those who donate to organizations that award scholarships for pri-vate school tuition.
Espinoza v. Montana Department of Revenue, 591 U.S. ___ (2020), was a landmark [1] [2] [3] [4] United States Supreme Court case in which the Court ruled that a state-based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the ...
6 lip 2020 · The U.S. Supreme Court reversed the state court ruling in a 5-4 decision holding that the First Amendment’s Free Exercise Clause barred Montana from excluding religious schools and parents seeking to send their children to such schools from receiving benefits under the tax credit program.
22 sty 2020 · Holding: The application of the Montana Constitution’s “no-aid” provision to a state program providing tuition assistance to parents who send their children to private schools discriminated against religious schools and the families whose children attend or hope to attend them in violation of the free exercise clause.
In a 5-4 decision, the Supreme Court ruled that discriminating against schools based on their religious status violates the First Amendment. The Court also concluded that using state scholarship funds to support students at religious schools did not violate the First Amendment’s Establishment Clause.
