SCOTUS AND PRIVATE SCHOOLS

by Bob Walsh

Two days ago SCOTUS put out a significant ruling on private school funding.

The Montana Supreme Court had earlier struck down a law from 2015.  Their ruling said the law was in violation of the Montana Constitution in that it allowed tax money, via credits, to go to religious schools.  

In a 5-4 vote the conservatives on the court with John Roberts on their side decided that IF the state allowed the tax credits for private schools at all it could not prohibit them for religious based private schools.  

Judge Sotomayor described the ruling as "perverse."  Clearly the state can not exercise the large amount of indoctrination and control that is normally present in government schools when students are in private schools.  

Approximately 12 states have similar laws on the books.  This ruling does not force states to grant money to private schools.  It does, however, tell them that  if they do kick down to private schools they can not refuse to kick down to private schools merely because they are religious based.