School choice gets Supreme Court victory

The Brillion News

WASHINGTON, D.C. - In a case closely watched by religious schools in Wisconsin, the U.S Supreme Court ruled 5-4 that Montana's school choice pro9gram cannot exlude students from attending religious schools.

The high court found that the Montana Department of Revenue was wron in barring families from using a tax credit scholarship to have children attend religious schools. The court said that violated the U.S. Constitution's First Amentmdnet clause that protects the free exercise of religion.


The case was Espinoza v Montana Department of Revenue, et al. Chief Justice Roberts delivered the court's majority opinion.


“[Tuesday's] ruling adds further structural support for school choice programs to include all types of schools in their offerings to families,” School Choice Wisconsin spokesman Jim Bender said. “Wisconsin’s school choice programs are made stronger with this Supreme Court decision.”

The U.S. Supreme Court had input from Wisconsin interests in the form of two "friend of the court" briefs filed by the Wisconins Institute for Law & Liberty. One urged the high court to take the case; the second argued that Montana's law barring benefits to religious schools is unconstitutional.

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