A decision issued by the U.S. Supreme Court on Tuesday opened the door for religious private schools to receive greater public assistance. While the ruling is significant, it’s unlikely to have an immediate impact in Washington.
In the 5-4 decision in Espinoza v. Montana Dept. of Revenue, the court ruled the Montana Supreme Court was wrong to strike down a tuition assistance program passed by the legislature. That program allowed up to $150 in tax credits for scholarships to private schools, including religious ones. The court’s decision means states that provide funds to private secular schools must also provide funds to private religious schools.
Using public funds to support private religious schools has long been controversial because of the separation of church and state. There are 29 states that offer tax incentives for scholarships, or vouchers, to private schools. Under this ruling, those states might need to offer the same incentive for students who want to attend religious schools.
Washington is not one of those states. But there’s a good chance that, as a result of this ruling, religious institutions might one day apply to open a publicly funded charter school, said Joel Paul, a constitutional law scholar at UC Hastings College of the Law in San Francisco.