Chief Justice John Roberts wrote for the court. He was joined by fellow conservative Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh. The court’s four Democratic appointees dissented.Forget the history of these Blaine amendments for a moment, let us read the mendment:
Roberts wrote that a decision by the Montana Supreme Court to invalidate a scholarship program on the basis that it would provide funding to religious schools in addition to secular schools “bars religious schools from public benefits solely because of the religious character of the schools.” …
Shortly after the program was enacted, the Montana Department of Revenue put in place a rule that barred scholarship recipients from using funds from the program to pay for religious schools.
That rule was intended to comply with a provision of the Montana Constitution, which forbids “any direct or indirect appropriation or payment from any public fund or monies … for any sectarian purpose,” including “to aid any church, school, academy, seminary, college, university, or other literary or scientific institution.”
Similar prohibitions, known as Blaine Amendments, exist in the constitutions of 36 other states, and in many cases stemmed from anti-Catholic sentiments.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;First, it is the very first right listed, that means something.
Second, why would states make funding restrictions on religious institutions but not Redneck U? Why is Redneck U better than Notre Dame? We have a string of Franciscan founded universities, among the world's top. Aren't they religious, and who is to say? Our little Puerto Rican affirmative action justice likely does not even know these Franciscan universities are part of her heritage.
The minority view would keep the historical restrictions on Notre Dame. Governments cannot do this, boneheads, and if you let these pass then you get a shit load of Due Process jamming the courts.
Get a friggen clue, both sides, this is about making things clear so both bonehead sides do not always get their favorite programs stuck in appellate court. We do not need contract complexity to avoid the Citizens United farce, we do not need Thomas and his neocon fans, we do not need Sotomayor and 'Make shit up'. And we especially do not need National Review and the Ghost and Golblins crowd. All of that crap just jams the appellate courts with confusion. We are dealing with dim bulbs in the judiciary, quit exciting them.
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