Somehow I missed this important story when it happened last December. The Montana Supreme Court struck down a tuition tax credit program as a transparent effort to violate the state constitution’s prohibition of sending public funds to religious schools. Other states have adopted such devious strategies to send public money to religious schools, despite their state constitution. Florida is a leader in ignoring its state constitution.
“The Montana Supreme Court delivered a win for church-state separation and public education last week when it struck down the state’s private school voucher program.
“Americans United, joined by other civil-rights organizations, had urged the court through a friend-of-the-court brief to prevent the voucher scheme – called a tuition tax credit program – from funding private, religious education. Our brief explained that the program violated the “no-aid” provision in Montana’s constitution, which protects residents’ religious freedom by ensuring taxpayer money isn’t used for religious purposes – including religious education.
“The Montana Supreme Court agreed with us: “We ultimately conclude the Tax Credit Program aids sectarian schools in violation of Article X, Section 6, and that it is unconstitutional in all of its applications,” wrote the court majority.
“Montana taxpayers should never be forced to fund religious education – that’s a fundamental violation of religious freedom,” said AU president and CEO Rachel Laser. “The Montana Supreme Court’s decision protects both church-state separation and public education. It’s a double win.”
“The state’s legislature passed the tuition tax credit program in 2015. It allows “donors” to give money to organizations that pay for students’ private school tuition, then the state gives the “donors” a full credit on their tax bills – so it’s not really a donation after all. This is essentially a voucher program because it funnels public money to private schools.”
Separation of church and state is SO NECESSARY otherwise VOODOO takes over.
I wonder how many state constitutions have clauses that separate church and state. Back in 1779, Virginia did.
“Jefferson was a member of the Church of England throughout his life. However, while a student at William and Mary, Jefferson became a follower of Deism, an enlightenment-era religion based on reason and observation of the natural world that grew out of the Enlightenment. Deists rejected the idea of supernatural occurrences, such as miracles, and they believed that God created the universe, but did not interfere in its workings. Jefferson introduced the Virginia Statute of Religious Freedom in 1779, which became law in 1786. It separated Virginia government from any established church and asserted that the religious opinions of men were not the business of the government.”
https://teachinghistory.org/history-content/ask-a-historian/24441
“Separation of church and state has been part of the nation’s legal and cultural nomenclature since the early 1800s. Judges, politicians, educators, and even religious leaders have embraced church-state separation as central to church-state relations and a cornerstone of American democracy. The Supreme Court first employed the term “separation of church and state” in 1879 as shorthand for the meaning of the First Amendment’s religion clauses, stating “it may be accepted almost as an authoritative declaration of the scope and effect of the amendment.” To this day, most Americans support the principle of church-state separation as one of the hallmarks of American government. Although the phrase is not found in the Constitution, no organizing theory has had a greater impact on the way Americans conceptualize the intersection of religion, culture, and politics than the principle of church-state separation.4” …
“Thus when the Supreme Court became engaged in church-state controversies in the mid-twentieth century, it could draw on various models of church-state relations. In choosing the more separationist paradigm, the modern Court did not create new law; rather, it built on an evolving tradition, one with a long legacy. While the debate continues over which model is more historically accurate, the idea of separation of church and state remains a core concept in the American experience.”
https://oxfordre.com/americanhistory/view/10.1093/acrefore/9780199329175.001.0001/acrefore-9780199329175-e-29