Espinoza V. Montana Department of Revenue

In Espinoza v. Montana Department of Revenue, the U.S. Supreme Court ruled that religious schools and religious families cannot be discriminated against in state tax credit programs simply because they are religious.

This ruling built on ADF’s 2017 Supreme Court victory in Trinity Lutheran, where the Court ruled that it was unconstitutional for churches to be excluded from general public benefits solely because of their religious status.

The Espinoza ruling paves the way for more states to offer school choice programs that help parents fund their children’s education at private, religious schools.

How does Espinoza protect churches and ministries?

The ruling in Espinoza reinforces the right of religious people and religious institutions to be treated the same as non-religious people and secular institutions. After all, the First Amendment requires that religion should not be treated worse than non-religion.

The immediate impact of the ruling was felt in A.M. v. French – an ADF case where we represent two Catholic school students, their parents, and the Roman Catholic Diocese of Burlington. The State of Vermont has a Dual Enrollment Program where high school upperclassmen can take college courses at public expense. But the State was prohibiting students at religious schools from participating in the program.

Thankfully, in August 2020, the U.S. Court of Appeals for the 2nd Circuit temporarily halted this anti-religious discrimination against children as the case proceeds. The 2nd Circuit relied on the reasoning of the Espinoza ruling when deciding that the students are likely to prevail on the merits.

As activists and government officials seek to punish religious people and institutions, rulings like Espinoza make victories for students and families more likely. This ruling provides clearer interpretation of the First Amendment, so that religious people can freely live out their faith in everyday contexts, like deciding where they send their children to school. It also ensures that in states that have adopted tax-credit, voucher, educational-savings-account, or similar programs for families attending private secular schools, families who wish to send their children to private religious schools will be able to participate on an equal footing, enabling religious schools to remain a financially viable option for many.

What questions still remain after the Espinoza decision?

Can the government enact COVID-19 restrictions that treat churches or Christian schools worse than similarly-situated secular institutions?
Will governments be permitted to discriminate against religious schools that hold biblical beliefs about marriage and sexuality when distributing public scholarship funds?
Can local governments discriminate against churches and religious schools in zoning ordinances and in requests to access or rent public property?

What challenges related to unequal treatment are ahead for churches and ministries?

What can I do to protect my church or ministry?

What if my church or ministry needs legal help?

Go to the legal intake form.
Fill out the form, and in the “Brief description of your legal situation” section, state that you are an ADF Church & Ministry Alliance member requesting a document review or consultation on a legal matter.
After you submit this form, an ADF attorney will contact you about your document review or legal matter.