An Historic Moment for School Choice

Share on Facebook

Share on Twitter

Share on

LinkedIn

Today, the Supreme Court of the United States (SCOTUS) will hear oral arguments in the potentially landmark case, Espinoza v. Montana Department of Revenue, which challenges a state constitutional amendment marked by religious bias. Pioneer Institute filed amici curiae briefs both urging the SCOTUS to hear the case, and then on behalf of appellant, Kendra Espinoza (pictured above with her two daughters), after the Court decided to hear it. Pioneer co-hosted a November forum at Harvard University with Ms. Espinoza, her daughters, and her attorney, Erica Smith of the Institute for Justice.

The state amendment in question is a so-called, 19th-century “Anti-Aid,” or Blaine amendment. These amendments prohibit public resources from flowing to individuals to send their children to religiously-affiliated schools, and were designed to prevent Catholics and immigrants from receiving the kind of education that would enable them to become successful.

In the Espinoza case, Kendra Espinoza, a suddenly-single mom, sought a better education for her daughters. In public school, one daughter was bullied and the other struggled in her classes. Both would later thrive in the parochial school Kendra chose.

Ms. Espinoza’s decision to send her daughters to Stillwater Christian School caused her family financial difficulties. Her access to needs-based state education tax credit-funded scholarships for her children was eliminated after the Montana Supreme Court struck down the state’s legislatively established education tax credit program. The basis for the Montana court’s decision was the state’s 130-year-old Blaine amendment.

Massachusetts is one of 38 states with Blaine amendments. The Commonwealth was among the first states to adopt such an amendment, and it is generally considered the most restrictive in the country.

The first of the two Anti-Aid amendments to the Massachusetts Constitution was the work of the virulently anti-Catholic Know-Nothing Party, which came to power in the state elections of 1854, after a wave of Catholic immigrants arrived in the Commonwealth during the Irish Potato Famine. The Bay State adopted a second Anti-Aid amendment to its Constitution in 1917.

While the money for scholarships the Espinoza family accessed came from private sources, the Montana Innovative Education Program Credit provided donors to the program with tax credits for their contributions. According to the Montana Supreme Court, the Blaine amendment prevented Ms. Espinoza’s children from using state education scholarship funds to access a religiously-affiliated school.

For well over a decade Pioneer Institute has highlighted this important legal and educational topic through research, events and op-eds. In 2018, Pioneer produced a 30-minute documentary, “Big Sacrifices, Big Dreams: Ending America’s Bigoted Education Laws,” that chronicles the struggles of four families in Massachusetts, Michigan, and Georgia, all states with Blaine amendments, to send their children to parochial schools.

Learn more about how you can help end bigoted education laws!

Related Posts

The Washington Post’s Jay Mathews on schooling during COVID-19 & lessons from teaching great Jaime Escalante

0 Comments

March 27, 2020

This week on “The Learning Curve,” Cara and Gerard continue coverage of COVID-19’s impact on K-12 education, joined by Jay Mathews, Washington Post education columnist.

NC State’s Anna Egalite on School Choice in America & Abroad

0 Comments

March 13, 2020

This week on “The Learning Curve,” Cara and Gerard talk with Dr. Anna Egalite, Assistant Professor at North Carolina State University, about her experiences and research on K-12 education systems in her native Ireland, as well as America and India.

Kevin Chavous on the Promise & Potential of Quality School Choice Options

0 Comments

March 6, 2020

This week on “The Learning Curve,” Cara and Gerard are joined by Kevin Chavous, President of Academics, Policy, and Schools of K12, Inc. about how to promote quality education options that meet the diverse needs of all kids.

Citizen Stewart on Changing the K-12 Education Power Structure

0 Comments

February 28, 2020

This week on “The Learning Curve,” Cara and Gerard engage in a candid conversation about education policymaking with Citizen Stewart, Chief Executive Officer of Brightbeam.

CREDO’s Macke Raymond on Charter Schools’ Quality & Growth

0 Comments

February 21, 2020

CREDO's Margaret “Macke” Raymond joins "The Learning Curve" this week to discuss charter school performance; the types of charters that are succeeding consistently and replicating; and the formula for quality both in instruction and policymaking.

Cato’s Neal McCluskey on School Choice & Educational Federalism

0 Comments

February 14, 2020

This week on "The Learning Curve" podcast, Cara Candal welcomes new co-host Gerard Robinson and guest Neal McCluskey, Director of the Cato Institute’s Center for Educational Freedom. They discuss America’s growing interest in school choice, and some of its many benefits.

Julie Young, Virtual Schooling Pioneer

0 Comments

February 7, 2020

Julie Young, CEO of ASU Prep Digital High School, joins The Learning Curve podcast this week to talk about the digital learning revolution.

Susan Wise Bauer on Classical Education & Homeschooling

0 Comments

January 31, 2020

This week on “The Learning Curve,” Bob Bowdon & guest co-host Kerry McDonald talk with Susan Wise Bauer, writer, historian, homeschool parent, and author of The Well-Trained Mind: A Guide to Classical Education at Home, as well as numerous other books.

Dick Komer on Espinoza v. Montana & the Bigoted Legacy of Blaine Amendments

0 Comments

January 24, 2020

On this episode of “The Learning Curve,” Bob & Cara are joined by Dick Komer, Senior Attorney with the Institute for Justice. Komer led the oral argument this week before the U.S. Supreme Court on behalf of the plaintiffs in the high-profile school choice case, Espinoza v. Montana Department of Revenue.