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SCOTUS to Decide Momentous Case on Separation of Church and State
Law and Crime ^ | 3:48 pm, December 23rd, 2019 | Jerry Lambe

Posted on 01/17/2020 11:34:40 AM PST by cann

The U.S. Supreme Court in January is slated to hear a case that could have significant implications for the separation of church and state. The crux of the case facing the justices in Espinoza v. Montana Department of Revenue is whether or not a state can be compelled to use taxpayer funds to subsidize religious education.

The case centers on the state’s 2015 Montana Tax Credit Scholarship Program, which aimed to give residents “choice in education” by providing a tax-credit of up to $150 for contributions that fund privately-run scholarship programs.

The initial lawsuit was filed by three mothers who had been utilizing the program to assist in paying for their children’s tuition at the Stillwater Christian School after Revenue Department declared the private school was ineligible for the program, citing to an amendment in the Montana constitution’s “no-aid provision,” forbidding from providing “direct or indirect aid” to any “church, sect, or denomination.”

In light of the no aid amendment, the Montana Supreme Court last year struck down the tax-credit program in its entirety, ruling that was incompatible with the law.

(Excerpt) Read more at lawandcrime.com ...


TOPICS: Culture/Society; Government; US: Montana
KEYWORDS: docket; lawsuit; scotus; stillwaterchristian
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1 posted on 01/17/2020 11:34:40 AM PST by cann
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To: cann

https://www.scotusblog.com/case-files/cases/espinoza-v-montana-department-of-revenue/


2 posted on 01/17/2020 11:36:22 AM PST by cann
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To: cann

If we had a congress worth its salt we would have an amendment permitting vouchers to be used in any educational institution whatsoever, regardless of religious affiliation, similar to the GI Bill.


3 posted on 01/17/2020 11:38:42 AM PST by CondorFlight
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To: cann
I assume this is a Blaine Amendment case.

The way the lefties interpret the Blaine Amendment language, I'm surprised that they don't demand that church owned vans and school busses be banned from the public highways. In the name of religious freedom, of course.

4 posted on 01/17/2020 11:44:26 AM PST by sphinx
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To: cann

The ACLU talking about religious liberty is like a rattlesnake talking about a mouse after it has done all it can to kill it.


5 posted on 01/17/2020 11:45:23 AM PST by Midwesterner53
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To: cann

Just remember, if we do it for the Christian, we’ll be doing it for the Muslims on a grand scale. They will suck up tax dollars setting up madrasses left and right.


6 posted on 01/17/2020 11:48:23 AM PST by A_perfect_lady (The greatest wealth is to live content with little. -Plato)
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To: cann

These things always come down to the Left’s desire for Freedom FROM religion.

But the First Amendment is really about avoiding a national religion mandated by Congress (”You’re all Lutherans now”). There is no good reason why a person can’t use a tax credit to pay for a church school.


7 posted on 01/17/2020 11:51:09 AM PST by ClearCase_guy (If White Privilege is real, why did Elizabeth Warren lie about being an Indian?)
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To: cann

Since there is no Separation of Church and State mentioned in the Constitution of the United States of America, what is this about?

Now, if they are concerned about The United States Congress establishing a National Religion like the British did, we have something to talk about.


8 posted on 01/17/2020 11:55:57 AM PST by Kickass Conservative (Kill a Commie for your Mommy.)
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To: cann

praying


9 posted on 01/17/2020 11:56:00 AM PST by blueyon (`nt to be a nothing burger)
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; cardinal4; ColdOne; ...
The case centers on the state’s 2015 Montana Tax Credit Scholarship Program, which aimed to give residents “choice in education” by providing a tax-credit of up to $150 for contributions that fund privately-run scholarship programs.

10 posted on 01/17/2020 11:56:53 AM PST by SunkenCiv (Imagine an imaginary menagerie manager imagining managing an imaginary menagerie.)
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To: cann

Won’t be many years until I draw social security benefits. Will the government deny my benefits because I just MIGHT give a portion of my benefits to my church. To me, the exact same principle is at work here.


11 posted on 01/17/2020 11:59:04 AM PST by RatRipper
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To: cann

re: 2015 Montana Tax Credit Scholarship Program, which aimed to give residents “choice in education” by providing a tax-credit of up to $150 for contributions that fund privately-run scholarship programs.

If the money is being use for a “privately-run scholarship program” then what does it matter if the school is sectarian or secular?

Having said that, anytime a religious organization accepts any type of federal funding, they become open to every federal spending guideline that comes along. It sucks but I think the safest thing to do is not accept any type of federal or state funding.


12 posted on 01/17/2020 12:02:39 PM PST by rusty schucklefurd
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To: cann

State enforced atheism in education is an establishment of religion and should be struck down.


13 posted on 01/17/2020 12:03:24 PM PST by RegulatorCountry
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To: CondorFlight

Correct. Not the gub’ments business.


14 posted on 01/17/2020 12:05:30 PM PST by Magnum44 (My comprehensive terrorism plan: Hunt them down and kill them.)
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To: A_perfect_lady
My thoughts, exactly. No Christian school would be telling it’s students to kill infidels but you can bet that some Muslim schools would.
15 posted on 01/17/2020 12:06:06 PM PST by liberalh8ter (The only difference between flash mob 'urban yutes' and U.S. politicians is the hoodies.)
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To: cann

Neutrality would mean that the money would follow the kid.

If The State gives every kid money for school, they use it as they wish.

Otherwise it is The State choosing.


16 posted on 01/17/2020 12:11:34 PM PST by Macoozie (Handcuffs and Orange Jumpsuits)
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To: cann

This case would have been decided already by the US Supreme Court in a case out of Colorado. The case was perfectly posed on school choice and state funding — the odious Blaine Amendment was the centerpiece of the case.

Then the teacher’s union spent millions and took over the school board that had passed school choice and dropped the appeal. It’s hard to imagine a group as odious as the Blaine Amendment but the teacher’s union is a serious candidate, enslaving millions of children in dysfunctional public schools to line their own pocketbooks.


17 posted on 01/17/2020 12:14:48 PM PST by ModelBreaker
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To: cann

People should get the per pupil spending in the form of a voucher based on their local tax assessments.

For example, if my district spends 25,000 per student per year, I should be able to spend that based on my choice for any bone fide education system, including homeschooling.


18 posted on 01/17/2020 12:15:08 PM PST by 1Old Pro
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To: liberalh8ter

Thanks, you beat me to it.


19 posted on 01/17/2020 12:21:51 PM PST by RedStateRocker (Nuke Mecca. Deport all illegals. Abolish the DEA, IRS and ATF,.)
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To: rusty schucklefurd

I fully agree. The school should reject any government money. It’s a trap. Next the government will demand diversity training, climate scaremongering, Satan worship, the whole nine yards. Do not become yoked with unbelievers.


20 posted on 01/17/2020 12:25:35 PM PST by OrangeHoof (The Democrats - Unafraid to burn in Hell.)
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