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U.S. Supreme Court will hear challenge to Montana rule banning aid to religious schools

Posted at 6:48 PM, Jun 28, 2019

HELENA — The U.S. Supreme Court Friday said it will decide an appeal from parents of children attending a private Christian school in Kalispell, who are challenging a state rule that barred them from benefiting from a new state tax credit.

The nation’s high court accepts only a small fraction of appeals from lower courts, and groups supporting the Kalispell parents hailed Friday’s decision.

The Institute for Justice, a Virginia-based group representing the Kalispell parents, called the case “the most important school-choice case in the nation.”

“We hope the (Supreme) Court will clarify that just as the government cannot force families participating in these programs to choose a religious school, the government also cannot ban these families from choosing a religious school,” said Erica Smith, an attorney for the institute.

More than a dozen school-choice and religion-affiliated groups from across the nation are supporting the appeal.

A leading opponent of the tax credit and its use to aid children attending private, religious schools called the court’s acceptance of the case “sad and troubling.”

“It suggests Montana’s constitution may be at risk, along with our public schools,” said Eric Feaver, president of the Montana Federation of Public Employees, a union representing thousands of public-school teachers. “It suggests extraordinary federal intrusion into the constitutional and public-school affairs of this state and perhaps many others.”

The case stems from a 2015 Montana law that created a maximum $150 state income-tax credit for donors to “student scholarship organizations,” which can provide financial help to students attending private schools in the state.

But after the law took effect, the state Revenue Department issued a rule saying any students attending religion-affiliated schools cannot be aided by the organizations.

The agency said such aid would violate the state constitution, which forbids any “direct or indirect” appropriation of public funds to aid churches or affiliated religious groups.

Four Kalispell parents whose children attend Stillwater Christian School in Kalispell sued to overturn the rule. A state district judge ruled in their favor, but the state appealed and the Montana Supreme Court upheld the rule in a 5-2 decision last December.

The parents in March asked the U.S. Supreme Court to take up the appeal.

In filings with the U.S. Supreme Court in support of the appeal, the Alliance Defending Freedom said state constitutional provisions barring any aid to “sectarian” or religious groups are remnants of a nationwide movement in the late 19th Century, meant to forbid any aid to the Catholic Church.

Some states adopted the provisions voluntarily, but Congress forced some states to adopt the provision as a condition of statehood, the Alliance said.

“This court’s review is needed to ensure that the dead hand of 19th Century bigotry relinquishes its stranglehold on educational resources desperately needed by 21st Century parents and their children,” its filing said.

Montana had the ban in its original constitution and also placed it in its new 1972 constitution.

The Alliance said in upholding the state’s rule on the tax credit, the Montana Supreme Court ignored a 2017 U.S. Supreme Court ruling that overturned a decision by Missouri to ban religious schools from receiving grants to resurface playgrounds.

It said the high court should clarify that the government may not discriminate against religion when distributing benefits available to others.

Story by Mike Dennison – MTN News