1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Supreme Court Rules That Excluding Religious Schools from Aid Program Violates Constitution: Implications for Congress July 2, 2020 Based on concerns about impermissibly supporting religion, many state co
2、nstitutions bar state governments from providing funds to churches and other types of religious institutionseven in circumstances where that support would not violate the Establishment Clause of the First Amendment to the U.S. Constitution. However, in recent years, some have questioned whether thes
3、e state provisions are unconstitutional under Supreme Court precedent that has interpreted the First Amendments Free Exercise Clause to prevent governments from discriminating against religious organizations when they distribute public benefits. In Espinoza v. Montana Department of Revenue, issued J
4、une 30, 2020, the Supreme Court weighed in on this question, ruling that Montanas state constitution could not be applied to bar religious schools from participating in a tax credit program benefiting parents of private school students. This Legal Sidebar discusses the legal principles that governed