144 YEARS IN THE MAKING: On June 30, 2020 The U.S. Supreme Court validated a parent’s right to direct the education of their children. In the case, Espinoza v. Montana Department of Revenue, the court found that a provision in Montana’s Constitution that had the effect of denying parents the choice of attending religious schools is discriminatory and violates the free exercise clause of the U.S. Constitution. Such provisions, commonly called a “Blaine Amendment” (and described in detail below) have existed in 37 state constitutions. The Espinoza decision portends the beginning of their demise.
The court’s decision was a victory for education opportunity and excellence. Wrote Chief Justice John Roberts in the 5-4 majority opinion, “Drawing on ‘enduring American tradition,’ we have long recognized the rights of parents to direct ‘the religious upbringing’ of their children.”
The decision sent shock waves through the traditional education establishment. As the Institute for Justice put it, “While this ruling effectively invalidates nearly every Blaine amendment, there is more to be done to ensure that this ruling is enforced, specifically by wiping bad case law off the books and establishing school choice programs in every state.”
More Details about Espinoza v. Montana Department of Revenue.
Comprehensive background (Institute for Justice)Case summary (Becket Fund)
Information on petitioners (Institute for Justice)
- Kendra Espinoza
- Jeri Anderson
- Jaime Schaefer
Video overview
Pro-Espinoza amicus briefs (SCOTUSBlog)
- Agudath Israel of America
- Alliance for Choice in Education
- The Honorable Scott Walker
- EdChoice, et al