Will the Supreme Court strike down bigoted state constitutional rules?
[T]he history of anti-sectarian clauses shows that “sectarian” is not a synonym for “religious” and anti-sectarian clauses were not designed merely to discriminate against religion. Instead, they were designed to discriminate in favor of some religions and against others.
Supreme Court to review common anti-school choice rule in state constitutions
Today the constitutions of 26 states contain bans that go well beyond what Blaine wanted. Unlike Blaine’s proposal, those constitutions mandate discrimination against “sectarian” religion.
Montana high court set to rule on state’s discrimination against religious schools
The ignominious death of a critical educational choice case at the hands of a newly elected school board majority in Colorado dealt a serious blow to disadvantaged students nationwide. However, the debate about Blaine Amendments goes on. Espinoza v. Montana Department of Revenue, a similar case in Montana, will get its day in court on […]
New Research Finds Most State Constitutional “Blaine Amendments” Facially Unconstitutional
Rob’s new research demonstrates that bans on “sectarian” aid were . . . designed to require state officials to discriminate in favor of mainstream Protestantism and against any faiths they deemed “bigoted” or “extreme.”
