CHRISTIAN SCHOOLS AND GOVERNMENT SCHOLARSHIPS
WHAT DOES ESPINOZA V. MONTANA MEAN FOR RELIGIOUS EDUCATION?
Key Facts
In 2015, Montana passed legislation which provided tax credits up to $150 for individuals and corporations who donated towards the Student Scholarship Organization (SSO). The SSO provided scholarships for students to attend qualified educational institutions. [1]
The program was generally available to all students whether they attended public or private or religious schools. But shortly after the program was enacted, the Montana Department of Revenue enacted “Rule 1,” which prevented scholarship recipients from using their scholarships at religious schools. [2]
Three Montana families (including Kendra Espinoza, after whom the case is named) filed a lawsuit to challenge Rule 1. Initially, the court ruled in favor of the families. However, In 2018, the Montana Supreme Court reversed the decision, ruled the program to be unconstitutional without Rule 1 because public money was, in effect, going to religious schools, thus violating the state’s Blaine Amendment, which prevents public funds from going directly or indirectly towards religious organizations.
On June 30, 2020, the Supreme Court ruled 5-4 in favor of the plaintiffs, saying that “the application of the no-aid provision discriminated against religious schools and the families whose children attend or hope to attend them in violation of the Free Exercise Clause of the Federal Constitution.” [3] In other words, a program that is made generally available can’t be denied to an institution simply because it is religious.
Key Scriptures
Luke 20:25 “He said to them, ‘Then render to Caesar the things that are Caesar's, and to God the things that are God's.’”
Proverbs 22:6 “Train up a child in the way he should go; even when he is old he will not depart from it.”
Proverbs 1:7 “The fear of the LORD is the beginning of knowledge; fools despise wisdom and instruction.”
1 Timothy 2:1-2 “First of all, then, I urge that supplications, prayers, intercessions, and thanksgivings be made for all people, for kings and all who are in high positions, that we may lead a peaceful and quiet life, godly and dignified in every way.”
Want to Know More?
ScotusBlog: Espinoza v. Montana Department of Revenue
Becket Law: Espinoza v. Montana Department of Revenue
Ethics and Religious Liberty Commission: Explainer: Supreme Court strikes down discrimination against families in religious schools
Application
The Montana legislature created a scholarship fund used to help low income families attend private schools. People could donate to it in exchange for a tax credit up to $150. Following this, the Montana Department of Revenue created a rule which prohibited these scholarships from being used by parents at religious schools. The Supreme Court ruled 5-4 in Espinoza v. Montana Department of Revenue that this limitation was unconstitutional. The government cannot limit the access of religious institutions or schools to funds made generally available to everyone simply because they are religious.
This case is reminiscent of Trinity Lutheran v. Comer (2017), in which a Missouri program provided grants to nonprofit organizations in order to resurface playgrounds. However, when a church applied for one of those grants (Trinity Lutheran), it was denied to them on the grounds that they were religious. Likewise, the Supreme Court ruled 7-2 in that case that a program made generally available to all cannot be denied to an organization simply because they are religious.
What Does the Bible Say?
The Bible does not give any direct commands regarding the nuances of tax credits for private education. The specifics of this program is an issue of wisdom which Christians can disagree about. However, there are biblical principles that can help guide Christians as they think through this issue.
In general, the Bible speaks favorably of education and using our minds to love and glorify God (Proverbs 18:15, Matthew 22:37). This is especially true for children (Proverbs 22:6). The Bible also draws a distinction between the government and the church (Luke 20:25), recognizing they are separate institutions. This is true when applied to education. A secular government should not directly sponsor religious education, as this would create an incentive for the state to dictate what the content of that religious education ought or ought not be.
On the other hand, the Bible does have something to say about the law being applied fairly and justly. If the government creates a tax credit program made generally available to everyone, then rules should not be specifically created which target religious parents or schools. This violates the biblical principle of justice by showing partiality (Deuteronomy 16:19, Psalm 140:12, James 2:9). In addition, as the Supreme Court ruled in this case, it is also a violation of the Free Exercise Clause of the First Amendment. This is because it puts religious schools and parents in a position of having to choose between accepting the scholarship funds or holding to their religious beliefs.
Conclusion
The Supreme Court rightly upheld religious liberty in Espinoza v. Montana Department of Revenue. If the government creates a scholarship program funded through tax credits for the purpose of helping children get a private education, then rules should not be created which specifically exclude religious organizations. Christians should continue to be vigilant and ensure that religious liberty is upheld for everyone.