The Supreme Court docket struck down a Montana constitutional provision banning state help to parochial faculties, ruling that states can not exclude non secular establishments from packages benefiting nonsectarian personal faculties.
“Montana’s no-aid provision bars non secular faculties from public advantages solely due to the non secular character of the colleges,” Chief Justice John Roberts wrote for the court. That runs afoul of the First Modification’s safety totally free train of faith, he wrote, joined by fellow conservative Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh.
4 liberal justices dissented, however on various grounds they expressed in three separate opinions.
The program started in 2015 and offered as much as $150 in tax credit for donations to scholarship funds that helped college students attend personal faculties. State tax authorities decided that donations to non secular faculties didn’t qualify. Then Montana’s Supreme Court docket, citing a state constitutional ban on state help to sectarian faculties, struck down the entire program.