Fresh off upholding the Bladensburg Cross, the Supreme Court has taken another case with even more at stake for religious liberty. On Friday the Justices agreed to hear a challenge that involves Montana's Blaine Amendment, a constitutional provision that bars tax-credit scholarships from going to religious schools.
In 2015 lawmakers in Helena passed Montana's first school-choice program. Students wanting to attend a private school could receive money from a nonprofit scholarship fund. Donors contributing to such funds, in turn, could get a state tax credit of up to $150. More than a dozen states have implemented similar programs with wide success.
But Montana's constitution includes a Blaine Amendment, a provision saying that no public dollars may flow, directly or indirectly, to any sectarian organization. In the late 19th century many states passed these amendments as a hostile response to Catholic immigrants. Montana's dates to 1889.