Supreme Court’s Blaine Amendment Case An Opportunity to End a Shameful Legacy Says U.S. Bishops’ Religious Liberty and Catholic Education Chairmen

January 22, 2020 By Public Affairs Office

WASHINGTON – Today, the Supreme Court of the United States hears oral argument in the case of Espinoza v. Montana Department of Revenue. The case challenges a decision by the Montana Supreme Court to invalidate a tax credit scholarship program because families benefiting include those who choose to send their children to religiously-affiliated schools, a violation of the Montana state constitution’s “Blaine Amendment” of 1889 against aid to religious schools.  

Bishop George V. Murry, S.J., of Youngstown, chairman of the U.S. Conference of Catholic Bishops’ (USCCB) Committee for Religious Liberty, and Bishop Michael C. Barber, S.J., of Oakland, chairman of the USCCB’s Committee on Catholic Education, have issued a statement:

“The case before the Supreme Court today concerns whether the Constitution offers states a license to discriminate against religion. Our country’s tradition of non-establishment of religion does not mean that governments can deny otherwise available benefits on the basis of religious status. Indeed, 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.

“But this case is not only about constitutional law. It is about whether our nation will continue to tolerate this strain of anti-Catholic bigotry. Blaine Amendments, which are in 37 states’ constitutions, 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.”

The USCCB filed an amicus curiae brief supporting the petitioners, which can be found here: http://www.usccb.org/about/general-counsel/amicus-briefs/upload/Laycock-Berg-CLS-Amicus-Brief.pdf.

---
Keywords: Bishop George Murry, Bishop Michael Barber, U.S. Conference of Catholic Bishops, USCCB, religious liberty, religious freedom, Catholic education, Blaine Amendments, Supreme Court, Espinoza.

###
Media Contacts:
Chieko Noguchi or Miguel Guilarte
202-541-3200