Blaine Amendments

Will the Supreme Court strike down bigoted state constitutional rules?0
- January 12, 2020
[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.
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Supreme Court to review common anti-school choice rule in state constitutions 0
- August 12, 2019
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.
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Montana high court set to rule on state’s discrimination against religious schools 0
- March 27, 2018
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
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New Research Finds Most State Constitutional “Blaine Amendments” Facially Unconstitutional 0
- January 24, 2018
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.”
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