WASHINGTON — The Supreme Court on Tuesday made it easier for religious schools to obtain public funds, upholding a Montana scholarship program that allows state tax credits for private schooling.
The legislature created the tax credit in 2015 for contributions made to certain scholarship programs for private education. The state’s highest court had struck down the tax credit as a violation of the Montana constitution’s ban on state aid to religious schools. The scholarships can be used at both secular and religious schools, but almost all the recipients attend religious schools.
Justice Sonia Sotomayor wrote in dissent that the high-court ruling “is perverse. Without any need or power to do so, the Court appears to require a State to reinstate a tax-credit program that the Constitution did not demand in the first place.”Roughly three dozen states have similar no-aid provisions in their constitutions. Courts in some states have relied on those provisions to strike down religious-school funding.
The decision was the latest in a line of decisions from the Supreme Court, which now includes Trump appointees Neil Gorsuch and Kavanaugh, that have favored religion-based discrimination claims. In 2014, the justices allowed family-held, for-profit businesses with religious objections to get out from under a requirement to pay for contraceptives for women covered under their health insurance plans.
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