Strike down Blaine Amendments

Richard A. Sokerka

Last week, the U.S. Supreme Court took up a case that will have far-reaching effects on our religious liberty. At issue are the Blaine Amendments, currently the law of the land in 37 states, mandating that no government funds benefit religious schools.

In the case of Espinoza v. Montana Department of Revenue, the Chief Justices will review the constitutionality of the 19th-century Blaine Amendments.

The U.S. Conference of Catholic Bishops (USCCB) submitted an amicus curiae legal brief to the Supreme Court, releasing a statement strongly denouncing the centuries-old anti-Catholic prejudice that gave rise to the Blaine Amendments.

In its statement, the USCC declared, “religious persons and organizations should, like everyone else, be allowed to participate in government programs that are open to all. This is an issue of justice for people of all faith communities. However, this case is not only about constitutional law, it is also about whether our nation will continue to tolerate this strain of anti-Catholic bigotry. Blaine Amendments were the product of nativism. They were never meant to ensure government neutrality towards religion, but were expressions of hostility toward the Catholic Church. We hope that the Supreme Court will take this opportunity to bring an end to this shameful legacy.”

In the Espinoza case, the state of Montana refused to implement a tax credit scholarship program that would allow residents a tax credit for $150 of their contributions to a privately-run scholarship program. The state claimed the Blaine Amendment forbids tax credits from benefiting schools run by a “church, sect, or denomination.” Out of fear of indirectly benefiting religion, the Montana Supreme Court last year ruled against the program.

Blaine Amendments were enacted during a time of extreme anti-immigrant and anti-Catholic prejudice, specifically designed to restrict school choice. In the 19th century, this meant keeping Catholic influence out of the predominantly Protestant public schools. These laws have deleterious anti-immigrant origins from a time when Catholics were bullied and discriminated against for their faith by political parties to protect nativist sentiments.

The highest court in the land needs to send a message with its decision nationwide by striking down the Blaine Amendments, which undermine the rights of parents to make the best educational choices for their children.

Allowing all children equal access to state­wide benefits is not unconstitutional. It is a celebration of our religious liberties guaranteed by the First Amendment to the Constitution.