Montana Department of Revenue et al., Respondents
Adam G. Unikowsky, Counsel of Record
The Montana Supreme Court’s application of the no-aid clause did not violate the Free Exercise Clause [of the U.S. Constitution]. The no-aid clause does not restrain individual liberty. Rather, it restrains the government by barring state aid to religious schools. Giving effect to that restraint on government does not violate the First Amendment.
The no-aid clause is not the product of antireligious animus. The current no-aid clause was enacted in the Constitutional Convention of 1972. The delegates’ debates show …
