Denver Catholic

4 JULY 25-AUGUST 7, 2020 | DENVER CATHOLIC World & Nation I n a potentially landmark decision for Catholic schools around the country, the Supreme Court on June 30 ruled against a Montana consti- tutional provision that barred taxpayer funds from going to parochial schools, e– ectively opening the doors for simi- lar measures in the 37 other states that have such provisions. Chief Justice John Roberts wrote the fi nal decision for the 5-4 vote in Espinoza v. Montana Department of Revenue, marking a long-sought victory for school choice advocates around the country. Chief Justice Roberts said that religious schools must be able to access public benefi ts if they are made avail- able to secular private schools. "A State need not subsidize private education. But once a State decides to do so, it cannot disqualify some private schools solely because they are reli- gious," Roberts wrote. The Constitu- tion "condemns discrimination against religious schools and the families whose children attend them," he said. The provision in Montana's state con- stitution prohibiting public funds from going to private schools was originally enacted in 1889 as a Blaine Amendment and was subsequently carried over into the state's rewritten constitution in 1972. Blaine amendments have their root in 19th-century anti-Catholic big- otry and are currently included in 37 other states' constitutions. Writing in support of Chief Justice Roberts' decision, Justice Neil Gorsuch, who attended Christ the King Catholic School in Denver, reiterated Roberts' view on discrimination but also empha- sized that the protections a– orded by the First Amendment are even broader than what Roberts described. Gorsuch stated that the Free Exercise Clause "protects not just the right to be a reli- gious person, holding beliefs inwardly and secretly; it also protects the right to act on those beliefs outwardly and pub- licly … Our cases have long recognized the importance of protecting religious actions, not just religious status," implying the right for families of faith to send their children to faith-based schools if they so choose. Brittany Vessely, Executive Director of the Colorado Catholic Conference, lauded the decision and its empower- ment of parents and urged Colorado state legislators to reconsider the school choice argument. "The Catholic Church teaches that parents ought to be able to choose schools that fi t their conscience with their share of government funding – after 30 years of Blaine amendment suppression, parents are fi nally able to do just that," Vessely said. "Now it is up to the Colorado legis- lature to pass school choice and empower parents to choose the best schooling option for their children." Local Archdiocese of Denver lead- ers and Catholic school administrators were also encouraged by the decision, including Denver Catholic Schools Superintendent Elias Moo. "[This] Supreme Court ruling is another step in the movement to ensure [that] the primacy of parents and fam- ilies in the education of their children is honored and enshrined by the rule of law," Moo said in a statement. "The legacy of the 'Blaine Amendments' has been a curse on our nation and the state of Colorado. For years, it has relegated families who seek non-public forms of education, especially faith-driven education, to second-class citizenry by limiting their freedom to pursue what is best for their children and family. "Today, the Supreme Court has made clear that true freedom is only realized when parents have all the means at their disposal to choose to send their children to the school that will best serve their children and align to their family's beliefs and convictions." Moo pointed out how the lack of school choice disproportionately a– ects low-income families and fam- ilies of color, and how oftentimes, families "are stuck with either failing schools or putting their child's educa- tional future up to a game of chance by entering a lottery for an opportunity to enroll their child at a school outside of their neighborhood school. "This is a travesty, and I believe it is one of the greatest inequities and injustices that we are faced with today." He echoed Vessely's call for Colora- do's legislators to enact legislation that would allow for parents to have options when it comes to their child's education. "I would personally make an appeal to our state legislators to consider the legacy they want to leave behind and consider the voters who elected them to o® ce," Moo said. "Our current leg- islators can be the generation that abolishes educational inequity and injustice. It will take courage and good will from members on all sides of the aisle, but what an opportunity, in a day and age when partisanship seems to be ruling the day at both the state and fed- eral level, for the legislators of Colorado to come together to show the country a unity that it so desperately needs. How beautiful it would be for that unity to come through a bipartisan legislative e– ort for the children and families of our great state, in particular those most disadvantaged in our community." BY AARON LAMBERT aaron.lambert@archden.org Supreme Court decision on Blaine Amendments a victory for religious freedom, school choice The Supreme Court on June 30 paved the way for the repeal of so-called Blaine Amendments in 37 other states, which have historically prohib- ited taxpayer funds from going to private schools and have their root in 19th-century anti-Catholic bigotry. PHOTO BY ANNA SULLIVAN | UNSPLASH FILE PHOTO 720-205-9900 Certified Seniors Real Estate Specialist John Schoenecke Contact John today for good old fashion personal, honest and reliable service!!! covenantgracerealty@gmail.com JULY 25-AUGUST 7, 2020 | DENVER CATHOLIC

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