Forcing taxpayers to pay for private religious education corrupts our constitutional principle of religious freedom. 

The US Supreme Court overturned the Espinoza v. Montana Dept. of Revenue decision in a 5-4 vote on June 30, 2020. This decision forces taxpayers to fund religious education and erodes the very nature of church-state separation in our Constitution. 

Just as Citizens United corrupted our political process, the Espinoza decision sets a dangerous precedent, eroding church-state separation in Montana and 75% of states. Forcing taxpayers to pay for private religious education is a fundamental violation of their religious freedom. Too often, religious schools reject civil rights for women and LGBTQ people, and promulgate religiously -based interpretations of science, civics and history. Forcing taxpayers to fund personal religious beliefs they do not share violates their rights and freedom of conscience. 

Case Background

In 2018, the Montana Supreme Court struck down the state’s entire private school voucher program because it violated the state constitution to force residents to pay for religious education. The vast majority of private schools in the state are religious -- 94 percent of taxpayer-funded vouchers in Montana went to private religious schools.   

Since its inception is 1889, Montana has had a constitutional commitment to protecting taxpayers from being forced to pay for religious education. In fact, ¾ of US states have similar constitutional protections.

In January 2020, the U.S. Supreme Court heard Espinoza v. Montana Dept. of Revenue. AU, joined by 17 religious freedom and civil rights organizations, filed an amicus brief that urged the justices to affirm the Montana court’s decision that protected both religious freedom and public education.  

What’s At Stake

We urged the U.S. Supreme Court to uphold the constitutional promise of religious freedom for Montanans and all Americans by affirming the lower court’s decision that the Montana voucher program is unconstitutional. The opposition has made it crystal clear that they want to pave the way for private school voucher schemes across the country by gutting these constitutional protections. 

We must protect the precedent that all states have the right to ensure taxpayer dollars are not used to fund religious education and religious discrimination. This is the core of our fundamental American principle of religious freedom –  that everyone has the right to support their faith, or no faith at all, as long as they don’t harm others.

Additionally, taxpayers should not be foreced to support private religious schools that have free rein to discriminate against children and families if they don’t share the school’s religious beliefs, if a student or parent is LGBTQ, if the child has a disability, or if they don’t follow a school’s religious tenets such as accepting Jesus Christ as their personal savior or having premarital sex.

SCOTUS has never ruled that states must fund religious education. To do so would be an extraordinary federal intrusion into the constitutional and public education affairs of our states.  

developments

June 30, 2020: The U.S. Supreme Court overturns Espinoza v. Montana Dept. of Revenue, forcing taxpayers to fund religious education and eroding the very nature of church-state separation in our Constitution. Read AU's statement and blog post

Jan. 22, 2020: The U.S. Supreme Court heard oral arguments in Espinoza v. Montana Dept. of Revenue. The court's decision is expected by the end of June 2020. Read AU's statement here and a blog about the arguments here.

Nov. 15, 2019: Americans United, joined by 17 religious freedom and civil rights organizations, filed an amicus brief with the U.S. Supreme Court, urging the court to affirm the decision of the Montana Supreme Court to strike down the state's private school voucher program that forced taxpayers to fund religious education. Read AU's brief here; read our statement here; and read a blog post here.

June 28, 2019: The U.S. Supreme Court agreed to hear Espinoza v. Montana Dept. of Revenue. Read a blog post about the court's grant here and a Church & State article about the case here.

Dec. 12, 2018: The Montana Supreme Court struck down the state's private school voucher program because it violated the Montana Constitution, which protects taxpayers from being forced to fund private religious education. Read AU's statement here and a blog post here.

Nov. 21, 2017: Americans United, joined by the ACLU and ADL, filed an amicus brief with the Montana Supreme Court, urging the court to protect taxpayers' religious freedom by affirming that the state's Department of Revenue was correct in blocking a private school voucher program from funding religious education. Read AU's brief here and a blog post here.

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