Espinoza v. Montana Will Determine the Future of the Blaine Amendments

Despite long standing amendments like the Blaine Amendment, religious organizations should be just as deserving of participating in public programs as anyone else. Learn more at FirstLiberty.org/Briefing. We have discussed the history of anti-Catholic Blaine Amendments on this program before.  If you recall, it was Senator James Blaine who, in the mid-1800’s, proposed language ultimately adopted within state constitutions that prevents government dollars flowing to religious institutions, even to this day. It’s a curious thing that, in 2020 two organizations, one of whom is charitably motivated because of its secularity and the other by its religious convictions, yet only the secular organization may qualify for participation in public programs. Government officials need not rely upon the overall ability, educational or professional qualifications, financial stability, or facilities of a religious organization to decide whether it may participate. Rather, they may exclude religious organizations because they are religious organizations. Their religion may be the sole criterion for exclusion. In January of 2020, the Supreme Court once again heard arguments over the constitutionality of Blaine Amendments in Espinoza v. Montana.  In a friend of the court brief, First Liberty Institute argued that religious organizations are as deserving of participation in public programs as anybody else. The promise of the First Amendment is — at the very least — that government will be neutral towards religion, welcoming religious organizations to compete in the public square on equal footing with other organizations. If they are to be denied, let it be for legitimate reasons having not the whiff of religious discrimination. Government should never tolerate the codification of religious bigotry. To learn how First Liberty is protecting religious liberty for all Americans, visit FirstLiberty.org.