University of Montana hosts Montana Supreme Court hearing on church and state case

[mahatmakanejeeves]

University of Montana hosts Montana Supreme Court hearing on church and state case

KEILA SZPALLER [e-mail] 7 hrs ago

The Montana Supreme Court will hear arguments Friday on whether tax credit scholarships can support religious schools in a case that's drawing national interest from high-profile groups.

The case pits a group of Flathead County parents, who want public financial help for their children to attend private Christian school, against the Montana Department of Revenue.

According to court documents, plaintiffs want access to a state scholarship program supported by tax credits, and the three Kalispell mothers argue an agency rule that prohibits use of the benefit in religious schools is discriminatory. ... However, the state agency defined "qualified education providers," and it excludes religious schools noting the Montana Constitution's prohibition of aid for sectarian purposes.

The national organizations that have filed "friends of the court" briefs include the American Civil Liberties Union and the Becket Fund for Religious Liberty.

[FBaggins]

1. Not much chance of victory there

The lower court's ruling is consistent with what several other states have said about other "Blaine Amendment" restrictions (though on narrower grounds)... and if it gets past the state SC, SCOTUS would likely tell them that Trinity Lutheran v. Comer and Zelman v. Simmons-Harris controlled in this scenario (cementing the loss to all 50 states).