Espinoza v. Montana Department of Revenue: Implications for Federalism, Church-State Relations, and Education

• In Event: Rights Across Education Settings

Abstract

The U.S. Supreme Court rendered a precedent-setting ruling, Espinoza v. Montana Department of Revenue (2020), announcing an entitlement under the First Amendment’s Free Exercise Clause for religious schools to participate in a tax credit/scholarship program available to secular private schools. This research analyzed the Espinoza ruling, compared it to judicial precedent, and explored its impact on state restrictions on using public funds in religious schools (no-aid clauses), church-state relations, and education in our nation. Espinoza provides an incentive for states to expand private school choice options funded with public money and may have a negative impact on efforts to reduce educational inequities and advance social justice goals in the U.S. Implications of this decision may indeed be huge.

Author

• Martha M. McCarthy, Loyola Marymount University