Editorial Staff

Pioneer Institute Files Amicus Brief Urging Supreme Court to Hear School Choice Case

/in , , , , , , , /by Editorial Staff
Share on Facebook
Share on Twitter
Share on
LinkedIn
+

Claims amendment to Montana Constitution motivated by anti-Catholic bias

Contact Micaela Dawson, 617-723-2277 ext. 203 or mdawson@pioneerinstitute.org

BOSTON – Pioneer Institute today announced that it has submitted an amicus curiae urging the United States Supreme Court to hear Espinoza v. Montana Department of Revenue, which challenges a state constitutional amendment marked by religious bias.

The amendment in question is a so-called Blaine amendment. It prohibits public resources from flowing to individuals to send their children to religiously affiliated schools, preventing 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 children would later thrive in the parochial school of her choice.

Ms. Espinoza’s decision to send her daughters to Stillwater Christian School was not easy and caused her family financial difficulties. Her access to a badly needed scholarship was denied after the Montana Supreme Court struck down a legislatively established education tax credit program. The basis for the court’s decision was the state’s 130-year-old Blaine amendment.

While the money for the scholarships the Espinoza family accessed came from private sources, the Montana Innovative Education Program Credit provided the donors with tax credits for their contributions. According to the Montana Supreme Court, the Blaine amendment prevented Ms. Espinoza’s children from gaining access to the scholarships.

“Acts motivated by religious animus violate the first and 14th amendments to the U.S. Constitution,” said Cornelius Chapman, an attorney and the author of “The Know-Nothing Amendments: Barriers to School Choice in Massachusetts.” “Even if they appear neutral on their face, they are impermissible if designed to persecute or oppress a religion or its practices.”

Legislative history and press coverage of efforts to enact a national Blaine amendment in the 1870s show that Catholicism was clearly the target of amendment proponents.

Sadly, anti-Catholic bias still animated a majority of Congress in 1889, when the enabling act authorizing Montana to form a state constitution required that it include a Blaine provision. The clause forced on Montana by an anti-Catholic Congress exists to this day in substantially unaltered form.

“Kendra Espinoza, like so many other parents, sought the education that best suits the needs of her children,” said Pioneer’s Executive Director Jim Stergios. “It is hard to believe that an amendment steeped in anti-Catholic bias still stands in her way 130 years after its passage.”

Massachusetts was the first of 38 states to adopt Blaine amendments. Two amendments to the Massachusetts Constitution are 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 Pioneer brief was filed April 12, 2019. It was drafted by a team led by Michael Gilleran of Fisher Broyles and Professor Dwight Duncan of the University of Massachusetts School of Law. They were assisted by Harvard Law School students Annika Boone, Benjamin Fleshman, Anastasia Frane, James McGlone and Grant Newman.

The Court is expected to announce whether it will hear the case by early summer.

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. View the film here.

[ytp_video source=”Aeki7AUwB8o”]

Pioneer Institute is an independent, non-partisan, privately funded research organization that seeks to improve the quality of life in Massachusetts through civic discourse and intellectually rigorous, data-driven public policy solutions based on free market principles, individual liberty and responsibility, and the ideal of effective, limited and accountable government.

Get Updates on Our School Choice Research

Related Posts

Study Urges Massachusetts to Embrace Innovative School Models

A new policy brief from Pioneer Institute urges Massachusetts policymakers to encourage the proliferation and progress of non-traditional models that offer families creative, flexible, personalized and low-cost private education options.

Former U.S. Secretary of Education Betsy DeVos on Edu Federalism & School Choice

0 Comments
/
This week on “The Learning Curve," guest co-hosts Denisha Allen and Kerry McDonald talk with Betsy DeVos, a former United States Secretary of Education and the author of the book, Hostages No More: The Fight for Education Freedom and the Future of the American Child. She shares how she became one of the country’s foremost proponents of school choice, educational federalism, and bold changes to K-12 education.

Georgia’s Alisha Thomas Searcy on School Choice, Teacher Unions, & Elections

This week on “The Learning Curve," Cara and Gerard talk with Alisha Thomas Searcy, the Democratic nominee for Georgia state school superintendent. She shares her experience as a former six-term state legislator and school leader; her recent bid for Georgia’s top education post; and her passion for K-12 education reform.

KaiPod Learning’s Amar Kumar on Homeschooling Pods & Blended Education

This week on “The Learning Curve," Cara and Gerard talk with Amar Kumar, founder and CEO of KaiPod Learning, a network of in-person education centers for online learners and homeschoolers, based in Massachusetts. They discuss how the pandemic dramatically changed parents’ sentiments about their traditional public schools, opening the door to wider private school choice options, including homeschooling, micro schools, and pods.

NACSA’s Dr. Karega Rausch on Charter Public School Authorizing

This week on “The Learning Curve," Cara Candal and Gerard Robinson talk with Dr. Karega Rausch, President and CEO of the National Association of Charter School Authorizers. Dr. Rausch shares some of his background, his interest in K-12 education reform and charter public schools, and lessons from Indiana and other states that inform his work.

Two Stars in a Glowing Voc-Tech Education System

“A Tale of Two City Schools: Worcester Tech and Putnam Academy Become Models for Recovery” is a new white paper by Pioneer Institute that analyzes how Worcester Tech and Putnam Academy — schools with high numbers of low-income and special needs students — leapt from the bottom of Massachusetts voc-tech rankings to become leaders among local schools.

Doug Lemov on Teach Like a Champion & Successful Charter Public Schools

This week on “The Learning Curve," Gerard Robinson and guest co-host Charles Chieppo talk with Doug Lemov, author of the international bestseller, Teach Like a Champion. Doug describes how he became interested in charter schools, dating back to the late 1990s in Massachusetts, and how the sector developed into a nationally recognized success story.

School-Age Population Remains Steady, but Boston Struggles With Declining Enrollment

0 Comments
/
Hopefully, new leadership will ensure that the system makes the changes necessary to improve public education in Boston. Otherwise, enrollment declines will continue. 

METCO’s Milly Arbaje-Thomas & Researcher Roger Hatch on MA’s Voluntary School Desegregation Program

This week on “The Learning Curve," co-hosts Cara Candal and Gerard Robinson talk with Milly Arbaje-Thomas, President & CEO of the Metropolitan Council for Educational Opportunity, Inc. (METCO) and Roger Hatch, co-author of Pioneer’s report, METCO Funding: Understanding Massachusetts’ Voluntary School Desegregation Program.

Engaged Detroit Founder Bernita Bradley on Homeschooling, Urban Education, & Parent-Driven Reforms

This week on “The Learning Curve," Gerard Robinson and guest co-host Kerry McDonald talk with Bernita Bradley, founder and president of Engaged Detroit, a parent-driven urban homeschooling advocacy coalition.

Lead Plaintiff David Carson & IJ Attorney Arif Panju on Landmark SCOTUS Decision Carson v. Makin

This week on “The Learning Curve," co-hosts Gerard Robinson and Cara Candal talk with Arif Panju, a managing attorney with the Institute for Justice and co-counsel in the U.S. Supreme Court school choice case, Carson v. Makin; and David Carson, the lead plaintiff. Panju shares the key legal contours of Carson v. Makin and the potential impact of the Court’s decision in favor of the plaintiffs.

AEI’s Robert Pondiscio on E.D. Hirsch, Civic Education, & Charter Public Schools

This week on “The Learning Curve," Gerard Robinson and guest co-host Kerry McDonald talk with Robert Pondiscio, a senior fellow at the American Enterprise Institute. He shares his background working with curriculum expert E.D. Hirsch, Jr., who has emphasized the importance of academic content knowledge in K-12 education as well as civic education to develop active participants in our democracy. Pondiscio explains some of the findings of his book, How the Other Half Learns, on New York’s Success Academy charter schools network.

Hoover at Stanford’s Dr. Macke Raymond on the Current State of K-12 Education Reform

This week on “The Learning Curve," co-hosts Cara Candal and Gerard Robinson talk with Dr. Margaret “Macke” Raymond, founder and director of the Center for Research on Education Outcomes (CREDO) at Stanford University. She shares some of the major highlights from Hoover’s recent Education Summit that featured a wide variety of national and international experts.

David Ferreira & Chris Sinacola on MA’s Nation-Leading Voc-Tech Schools

This week on “The Learning Curve," co-hosts Cara Candal and Gerard Robinson talk with Chris Sinacola and David Ferreira, co-editors of Pioneer’s new book, Hands-On Achievement: Massachusetts’s National Model Vocational-Technical Schools. They share information from their new book on the story of the Bay State’s nation-leading voc-tech schools, and how accountability tools from the state’s 1993 education reform law propelled their success.

Book Finds Massachusetts Voc-Tech Schools Are National Model, Calls for Expansion

Massachusetts vocational-technical schools -- boasting minuscule dropout rates, strong academic performance, and graduates prepared for careers or higher education -- should be expanded to meet growing demand, according to a new book published by Pioneer Institute.

METCO Works Well, Small Tweaks Could Make It Even Better, Study Says

The Metropolitan Council for Educational Opportunity, or METCO program, has successfully educated thousands of students for 56 years, but several minor changes could make it even better, according to a new study published by Pioneer Institute.

WV State Sen. Patricia Puertas Rucker on Universal School Choice

This week on “The Learning Curve," co-hosts Cara Candal and Gerard Robinson talk with Senator Patricia Puertas Rucker, a West Virginia state Senator and Chair of the Education Committee. Thanks to her leadership, West Virginia now has the widest, most universal education savings account program in America.

AFC’s Denisha Merriweather on School Choice Advocacy & Black Minds Matter

This week on “The Learning Curve," Cara Candal and Gerard Robinson talk with Denisha Merriweather, the director of public relations and content marketing at the American Federation for Children and founder of Black Minds Matter. They discuss Denisha’s inspiring personal narrative, from a struggling student to a leading national spokesperson for school choice.