MR. KOMER: Mr. Chief Justice, and may it please the Court:
This case asks whether the Federal Constitution allows the wholesale exclusion of religious schools from scholarship programs. It does not.
Yet, Montana’s Blaine Amendment requires that exclusion. As a result, the Blaine Amendment discriminates against religious conduct, beliefs, and status in violation of the free-exercise clause under Trinity Lutheran.
The Montana Supreme Court disagreed. That court held that barring religious schools from the program did not violate the Federal Constitution
Notes and links on Espinoza v Montana.