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62 S. Tex. L. Rev. 13 (2022-2023)
The Future of the Freedom of Religion on State No-Aid Provisions: The Effect of Espinoza v. Montana Department of Revenue

handle is hein.journals/stexlr62 and id is 25 raw text is: THE FUTURE OF THE FREEDOM OF RELIGION ON STATE NO-AID PROVISIONS: THE EFFECT OF ESPINOZA V. MONTANA DEPARTMENT OF REVENUE ETHAN SZUMANSKIt I. INTRODUCTION ........................................................................................ 14 II. B ACKGROUND ..................................................................................... 15 A. The Backdrop to Blaine: The Origin and History of State Blaine A m endm ents .......................................................................... 15 B. The Relevant History of the Religion Clauses ...................... 19 1. The Free Exercise Clause........................................... 19 2. The Establishment Clause........................................... 24 III. THE BATTLE OF THE BLAINE AMENDMENTS: LOCKE AND THE OPEN D O O R ............................................................................................. 27 IV. THE BACKGROUND OF ESPINOZA V. MONTANA DEPARTMENT OF R EVEN U E ........................................................................................ 30 A. Factual and Procedural Background .................................. 30 B. The M ajority Opinion .......................................................... 31 V. THE ANNULMENT OF NO-AID PROVISIONS THROUGH ESPINOZA .......... 32 A. Status-Based Neutrality in No-Aid Provisions...................... 32 B. Irrelevance of the Restrictiveness of No-Aid Provisions ......... 34 VI. THE FREE EXERCISE CLAUSE AND CONDUCT-BASED DISCRIMINATION THROUGH NO-AID PROVISIONS .................................................. 35 VII. CONCLUSION........................................................................................ 38 t Ethan Szumanski is a licensed attorney in the State of Texas. In December 2021, he graduated summa cum laude from South Texas College of Law. Graduating at the age of nineteen, he was the youngest person to ever graduate from South Texas College of Law. Nonetheless, he could not have accomplished anything without the sacrifice and investment of several very special people. Specifically, he would like to thank Professor Josh Blackman for his authentic and insightful feedback on this article and his treasured and continued mentorship. In addition, he would like to thank the editorial staff of South Texas Law Review for their helpful suggestions, as well as Professor Maxine Goodman and Professor Rob Galloway for making him a better writer and advocate. Finally, and most importantly, he would like to thank his family for their unwavering support and encouragement, and he would specifically like to honor his wonderful and sacrificing mother, Mindi Szumanski, for igniting a passion for the written word and for instilling in him the courage, grit, and gusto to make a difference wherever possible. 13

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