Espinoza v. Montana Department of Revenue

Text

https://www.supremecourt.gov/opinions/19pdf/18-1195_g314.pdf

Holding

State constitution's "no-aid" provision improperly discriminated against religious schools and families who wanted to attend them, when that provision prevented tax credits from flowing to religious schools; strict scruity applies and the provision violates the Free Exercise Clause.

Citation

591 US ___ (140 S.Ct. 2246)

Year

Ratio

Author

Religious Tradition Involved

State/Territory of Origin

Clause (Free Exercise / Establishment / Both / Other)

Does it involve religious institution(s) or individual(s)

Local / State / Federal Legislation

Uphold / Overturn Penultimate Court

Penultimate court of appeals

Penultimate court opinion citation

Espinoza v. Montana Dept. of Revenue, 435 P.3d 603 (Mont. 2018), rev'd and remanded, 140 S. Ct. 2246 (2020)