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Freedom Beats Aid for Religious Schools


The last week of the recent Supreme Court term brought two important decisions for supporters of religious liberty in education. As is often the case in school, the more popular one isn’t necessarily the most likely to succeed.

Espinoza v. Montana was the long-awaited Blaine Amendment case. It held that a state constitutional provision excluding religious schools from programs that fund private schools runs afoul of the First Amendment’s Free Exercise Clause. As Chief Justice John Roberts explained, “A State need not subsidize…

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