Today, the Supreme Court will hear oral arguments in Espinoza v. Montana Department of Revenue. Kendra Espinoza challenged a state constitutional provision, known as a “Blaine Amendment,” which requires the state to exclude religious schools from scholarship programs. Espinoza argues that she has a First Amendment right to use the scholarship funds to send her daughters to a religious school, so long as the school meets the program’s other requirements.
If Espinoza prevails, the impacts will extend beyond Montana. Thirty-seven other state constitutions contain similar Blaine Amendment-type provisions. Declaring these amendments unconstitutional could alleviate the burden that day school tuition imposes on many Jewish (and Christian) parents by allowing them to take advantage of school choice programs. Many Jewish communal organizations supported this result. But inexplicably, some Jewish groups opposed it. In light of such organizations’ opposition to a position that would benefit Jewish parents, American Jews should determine for themselves whether those group’s interests align with their own.
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