Kendra Espinoza, Jeri Anderson and Jaime Schaefer, Petitioners
Richard D. Komer, Counsel of Record
The Montana Supreme Court interpreted Article X, Section 6(1) of the Montana Constitution to bar any
religious options in student-aid programs.
First, applying Article X, Section 6(1) to bar religious options in student-aid programs violates
the Free Exercise principles set forth in Trinity Lutheran Church of Columbia, Inc. v Comer (2017) and
prior case law. This application discriminates against the religious “beliefs,” “conduct” and “status” of
religious families who choose to use scholarships at religious schools. It also discriminates against the
religious “status” of the schools themselves. In addition, it discriminates …
