Democracy Dies in Darkness

Supreme Court’s conservatives seem open to some state aid for religious schools

January 22, 2020 at 3:20 p.m. EST
People gather outside the Supreme Court building as the court hears oral arguments in the Espinoza v. Montana Department of Revenue case in Washington on Jan. 22. (Sarah Silbiger/Reuters)

The Supreme Court’s conservative justices appeared inclined to endorse a Montana program that provided tax incentives to those who fund scholarships for families to use at religious schools.

While liberal Justice Sonia Sotomayor warned at Wednesday’s oral argument that it would be a “radical” departure for the court, her ideological counterparts said excluding religious institutions from government programs open to others could amount to unconstitutional discrimination.