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1 1 (July 02, 2020)

handle is hein.crs/govdaum0001 and id is 1 raw text is: Resarh Servic Supreme Court Rules That Excluding Religious Schools from Aid Program Violates Constitution: Implications for Congress July 2, 2020 Based on concerns about impermissibly supporting religion, many state constitutions bar state governments from providing funds to churches and other types of religious institutions -even in circumstances where that support would not violate the Establishment Clause of the First Amendment to the U.S. Constitution. However, in recent years, sorne have questioned whether these state provisions are unconstitutional under Supreme Court precedent that has interpreted the First Amendment's Free Exercise Clause to prevent governments from discriminating against religious organizations when they distribute public benefits. In Espinoza v. Mo Unana Department of Revenue, issued June 30, 2020, the Supreme Court weighed in on this question, ruling that Montana's state constitution could not be applied to bar religious schools from participating in a tax credit program benefiting parents of private school students. This Legal Sidebar discusses the legal principles that governed this dispute, explains the Court's Espinoza opinion, and explores implications of the decision for Congress. In particular, Espinoza could call into question any federal laws that exclude religious entities from receiving federal aid based solely on their religious character. Legal Background The First -Amendment's Religion Clauses prohibit the government from making a law respecting an establishment of religion, or prohibiting thefree exercise thereof. In the words of the Supreme Court, the Establishment Clause forbids sponsorship, financial support, and active involvement of the sovereign in religious activity. But the Supreme Court has also upheld certain government programs that support religious institutions, particularly if they provide general, secular benefits to a broad class of beneficiaries. The Court has also approved of indirect aid programs like some schoolvoucher programs, where the government broadly offers assistance to individuals who may then independently choose to use those benefits at religious institutions. In Locke vi. Davey, decided in 2004, the Supreme Court recognized that in at least some circumstances, governments may choose not to fund certain types of religious activities even if government support would not violate the Establishment Clause -that is, even if the exclusion is not required by the Congressional Re search Service https://crsreports.congress.gov LSB10509 CRS Lega i&sebar Prepa red.r Membersand C o m m ; .. e e s o f Cen go loC o ---------------.. -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------..........

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