During the oral argument, the Court wrestled with whether treating religion differently when it comes to government funding is unlawful discrimination. BJC’s brief noted that declining to fund religious education with taxpayer funds is a long-standing means of ensuring religious liberty.
In January, the U.S. Supreme Court will hear a case that asks whether a Montana state provision that bars the government from funding religious institutions unconstitutionally discriminates against religion by denying funding to religious institutions that is available to secular institutions.
A decision by the Montana Supreme Court, striking down a tuition tax credit program as unconstitutional because it allowed funding for religious schools, may be headed to the U.S. Supreme Court.
The Montana Constitution’s ban on aid to religious schools does not allow a scholarship tax credit to be used for religious school tuition, the state’s Supreme Court ruled.
Montana’s Supreme Court may be one of the nation’s first to consider a school voucher-like program after the U.S. Supreme Court’s Trinity Lutheran Church ruling.