Montana sued for discriminating against religious schools in state scholarship plan

Pacific Legal Foundation attorney Wencong Fa says Wyoming state constitution's prohibition on government subsidies for religion has absolutely no application to the scholarship tax credit programme. (Pacific Legal Foundation)

A family and a group of Christian schools have filed a discrimination suit against the U.S. state of Montana over a state scholarship programme regulation that excludes religious schools.

The lawsuit was filed against Mike Kadas, director of the Montana Department of Revenue, for implementing a programme that prevents students from any religious school from using the funds under the state's Scholarship Tax Credit Programme.

Kathy and Jerry Armstrong, parents of a student studying at a religious school in Montana, and the Association of Christian Schools International filed the lawsuit. They are being represented by the Pacific Legal Foundation (PLF).

The PLF says the ban violates the First and Fourteenth Amendments of the U.S. Constitution and the Montana Administrative Procedure Act.

According to the lawsuit, the Scholarship Tax Credit Programme allows individuals and businesses to claim a tax credit for donations to authorised Student Scholarship Organisations, which use the money to create scholarships for students to use at accredited private schools in Montana.

The Association of Christian Schools has about 3,000 school members in the U.S. including 11 in Montana.

"Not only is the Department thumbing its nose at fundamental constitutional values, it is also usurping the authority of the Montana Legislature. Unelected officials are taking on the role of lawmakers by rewriting the school choice programme. They're inserting arbitrary restrictions into a programme that was intended for all accredited private schools and their students, regardless of any religious affiliation," said PLF attorney Wencong Fa.

Fa explained that "the state constitution's prohibition on government subsidies for religion has absolutely no application to the scholarship tax credit programme. As the U.S. Supreme Court has put it, a tax credit system is a privately operated programme, 'implemented by private action' and involves 'no state intervention.'"

The law allows any "qualified education provider," which means any accredited private school, to join, WND reported.

According to the Armstrongs, whose son studies at Valley Christian School, "this kind of anti-religious bias is offensive to us as parents, as people of faith, and as Americans."

"Unelected bureaucrats cannot be allowed to undermine a promising school choice programme, especially with restrictions that punish people based on their religion," said Fa. "Either the agency withdraws these unseemly and unconstitutional proposals, or it will need to answer for them in court."

The association said excluding "certain schools and students merely because they have a faith commitment, is counterproductive and wrong."

related articles
Montana draws flak for excluding religious schools in its scholarship programme
Montana draws flak for excluding religious schools in its scholarship programme

Montana draws flak for excluding religious schools in its scholarship programme

News
Sudan authorities use bureaucracy to stop church rebuilding and worship
Sudan authorities use bureaucracy to stop church rebuilding and worship

Authorities in Sudan are obstructing efforts by a church to rebuild and even to use their place of worship

Ramadan ‘offers a unique opportunity’ to share the Gospel, says missiologist
Ramadan ‘offers a unique opportunity’ to share the Gospel, says missiologist

Dr Emil Saleem Shehadeh has some sage advice for how Christians can engage with their Muslim neighbours and colleagues during Ramadan.

David Tudor hit with another lifetime ministry ban
David Tudor hit with another lifetime ministry ban

Having already been banned, the latest sanction merely reinforces an earlier decision.

Armenia’s Christian civilization is under existential threat - the UK must not stand idly by
Armenia’s Christian civilization is under existential threat - the UK must not stand idly by

The constellation of powers that produced the eradication of the Armenian Christian presence in Nagorno Karabakh now have their sights on the Republic of Armenia itself.