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News & Press: Litigation

Supreme Court Rules in Favor of Religious Schools

Tuesday, June 30, 2020   (0 Comments)
Posted by: Denise Marshall

Today, in a 5-4 decision, the U.S. Supreme Court ruled in favor of a Montana tax incentive program that can help fund private schools. Writing for a conservative majority in Espinoza v. Montana Department of Revenue, Chief Justice John G. Roberts wrote that the Montana Supreme Court was “wrong to strike down the program” because of a provision in the state constitution that “forbids public funds from going to religious institutions…The U.S. Constitution’s protection of religious freedom prevails.” COPAA, in a joint amicus brief filed with the National Disability Rights Network and The Arc had argued that for students with disabilities, private-school voucher and tax-credit programs, including the Montana program at issue in this case, risk restoring a disturbing era—during which these students had no right to an education, got no individualized support or services, and were segregated from their peers. And while the federal constitution may permit these programs, the Court should not disturb state court decisions invalidating them under the states’ own constitutions.


Read the SCOTUS decision.


Read COPAA’s statement.

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