Supreme Court says Constitution protects Montana scholarship program that indirectly funds religious schools
The Supreme Court ruled 5-4 on Tuesday that a Montana scholarship program that indirectly provided state funds to religious schools is protected by the Constitution, weighing in on a high-profile dispute over the separation of church and state.
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.
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.”
“The provision also bars parents who wish to…