Congressional Digest

Supreme Court Debates February 2020 No. 2 Vol. 23
National School Boards Association et al., Amici Curiae

State Aid to Religious Schools

Tax Credits and Church-State Separation

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National School Boards Association et al., Amici Curiae

Francisco M. Negrón, Jr., Counsel of Record

The state of Montana, in a ruling of its Supreme Court based on its state constitution, has invalidated a tax credit scholarship program that would enable the state to fund private sectarian institutions indirectly. It has decided to end the program altogether.

Through that ruling, which is reasonable and constitutional under the principles espoused by this court for decades, the state is choosing to remain neutral with respect to religion on this issue. There is nothing further to decide, and Amici urge this court to end its analysis here.

If this court decides to address …

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