Jonah Patel
The Blaine Amendment was a failed proposal to amend the U.S. Constitution in 1875, which would have prohibited direct government aid to educational institutions with religious affiliations. Despite this, many states adopted similar amendments, and as of 2020, 37 states had Blaine Amendments in their constitutions. However, in recent years, there have been successful attempts to repeal these amendments, and several Supreme Court rulings have struck down their application on the grounds of violating the free exercise clause of the U.S. Constitution.
| Characteristics | Values |
|---|---|
| Purpose | To prevent the government from funding Catholic schools |
| Nature | Controversial state constitutional provisions rooted in 19th-century anti-Catholic bigotry |
| Number of States | 37 |
| Amendment Status | Failed |
| Amendment Sponsor | James Gillespie Blaine |
| Amendment Supporters | Protestants |
| Amendment Opponents | Catholics |
| Amendment Supporters' Argument | Applying state Blaine Amendments to prohibit parents from choosing religious schools in school choice programs violates the federal Constitution |
| Amendment Opponents' Argument | Parental choice programs violate state Blaine Amendments |
| Supreme Court Ruling | The federal Constitution forbids states from excluding families and schools from educational choice programs based on their religious status |
| Supreme Court Ruling Date | June 30, 2020 |
| Supreme Court Ruling Case | Espinoza v. Montana Department of Revenue |
| Supreme Court Ruling Decision | Discrimination against religious parents and schools in the operation of an educational choice program is "odious to our Constitution" |
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What You'll Learn
The Blaine Amendment's anti-Catholic origins
The Blaine Amendments are rooted in 19th-century anti-Catholic bigotry. Their purpose was to prevent government funding for Catholic schools. The amendments emerged from a growing consensus among 19th-century U.S. Protestants that public education must be free from "sectarian" or "denominational" control. However, the public schools of that period were not non-religious or secular in today's terms. They typically included Protestant prayer and taught from Protestant bibles.
The Blaine Amendment was a failed amendment to the U.S. Constitution that would have prohibited direct government aid to educational institutions with a religious affiliation. It was introduced in 1875 by Sen. James G. Blaine of Maine, in reaction to efforts by religious groups, mainly the Catholic Church, to obtain a share of public school funding for their schools. The proposed amendment passed the House of Representatives but failed in the Senate, falling short of the necessary two-thirds vote. Despite this, supporters of the proposal turned to state legislatures, and eventually, all but 12 states passed laws with the general criteria of Blaine Amendments, banning public funds from supporting sectarian private schools.
The state Blaine Amendments remained in effect in 37 states until June 2020, when the U.S. Supreme Court ruled in Espinoza v. Montana Department of Revenue that Montana's no-aid provision in its constitution, a Blaine Amendment, had been inappropriately used to block tax-credit scholarship funds for private schooling at a religious school. The ruling stated that if a state offered public scholarship funds for private schools, they could not discriminate against religious schools. This marked the first major blow to Blaine Amendments, with the Supreme Court agreeing that applying state Blaine Amendments to prohibit parents from choosing religious schools in school choice programs violates the federal Constitution.
The second blow came two years later when the Supreme Court ruled in Carson v. Makin that states may not prohibit families that participate in educational choice programs from selecting schools that provide religious instruction. This ruling affirmed that while a state need not subsidize private education, once a state decides to do so, it cannot disqualify some private schools solely because they are religious. As a result of these rulings, policymakers are now free to enact programs that empower parents to choose the educational environment that works best for their children.
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The Amendment's failure to pass
The Blaine Amendment was a proposed amendment to the U.S. Constitution that failed to pass in 1875. The amendment sought to prohibit direct government aid to educational institutions with religious affiliations, particularly those associated with the Catholic Church. While the amendment easily passed in the House of Representatives, it fell short of the required two-thirds majority in the Senate by just four votes.
Despite its failure at the federal level, the impact of the Blaine Amendment was still felt across the country. Supporters of the amendment turned their attention to state legislatures, and over time, all but 12 states adopted laws that effectively functioned as Blaine Amendments. These state-level amendments banned the use of public funds to support sectarian private schools.
The Blaine Amendments in these states reflected the sentiments of 19th-century U.S. Protestants, who sought to maintain control over public education and keep it free from "sectarian" or "denominational" influence. However, these amendments are also seen as rooted in anti-Catholic bigotry, as public schools at the time often included Protestant prayer and teachings from Protestant bibles.
The state-level Blaine Amendments remained in effect until significant challenges arose in the 21st century. In 2012, voters in Florida rejected a measure to repeal their state's Blaine Amendment, but other states, such as Louisiana, South Carolina, and Utah, took steps to water down or remove their "no-aid to religion" clauses. The first major blow to Blaine Amendments came in June 2020 when the U.S. Supreme Court ruled in Espinoza v. Montana Department of Revenue that states could not exclude families and schools from educational choice programs based on their religious status. This ruling was followed by another significant decision in Carson v. Makin, where the Court affirmed that states could not prohibit families from choosing religious educational options in school choice programs.
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State-level adoption
The Blaine Amendment was a failed amendment to the U.S. Constitution that would have prohibited direct government aid to educational institutions with religious affiliations. The amendment was proposed by Republican Congressman James G. Blaine in 1875, and passed in the House of Representatives but failed to achieve the necessary two-thirds vote in the Senate.
Despite the federal amendment's failure, supporters of the proposal turned their attention to state legislatures, where they met with greater success. Blaine Amendments are found in the constitutions of 37 or 38 states, and they have been named after James G. Blaine. These amendments aim to prevent the use of public funds to support sectarian private schools or educational institutions run by religious organizations. The language in each state constitution varies, and some interpretation is required to classify a provision as a Blaine Amendment. However, any provision that specifically prohibits state legislatures from appropriating funds to religious sects or institutions, including religious schools, is generally considered a Blaine Amendment.
The first major blow to Blaine Amendments came in June 2020 when the U.S. Supreme Court ruled in Espinoza v. Montana Department of Revenue that the federal Constitution forbids states from excluding families and schools from educational choice programs based on their religious status. The Court held that while states need not subsidize private education, they cannot disqualify private religious schools from educational choice programs if they choose to do so. This ruling was a victory for the Institute for Justice (IJ), which had long argued that applying state Blaine Amendments to prohibit parents from choosing religious schools in school choice programs violated the federal Constitution.
The second blow to Blaine Amendments came two years later when the Supreme Court ruled in Carson v. Makin that states may not prohibit families that participate in educational choice programs from selecting schools that provide religious instruction. The Court held that such programs must be neutral regarding religion and allow parents to choose the school that works best for their children.
In some states, Blaine Amendments have been included in newly drafted constitutions rather than adopted as amendments to existing constitutions. Voters in some states, such as Florida, New York, Michigan, Oregon, Washington, Alaska, Massachusetts, and Oklahoma, have rejected proposals to repeal their state-level Blaine Amendments. However, Louisiana repealed its Blaine Amendment in 1974, and South Carolina and Utah have watered down their "no-aid to religion" constitutional clauses by removing the word "indirect".
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The Supreme Court's rulings on Blaine Amendments
The Blaine Amendment was a proposed amendment to the U.S. Constitution in 1875 by Republican Congressman James G. Blaine. It aimed to prohibit direct government aid to educational institutions with religious affiliations, particularly Catholic parochial schools. While the amendment failed to pass at the federal level, it gained traction in state legislatures, with 37 states adopting such provisions in their constitutions.
The Supreme Court has reviewed and ruled on cases involving Blaine Amendments, delivering significant blows to their enforcement:
- Locke v. Davey (2004): The Supreme Court ruled 7-2 in favor of the state of Washington, upholding its law prohibiting the use of state funds for sectarian schools. The Court rejected the argument that the state's refusal to allow participation in its Promise Scholarship Program for a theology degree infringed on the free exercise of religion.
- Espinoza v. Montana Department of Revenue (2020): The Supreme Court ruled that the federal Constitution forbids states from excluding families and schools from educational choice programs based on their religious status. Chief Justice Roberts wrote that the Constitution "condemns discrimination against religious schools and the families whose children attend them." This ruling sent a clear message to all states, asserting that while states are not obligated to subsidize private education, they cannot discriminate against religious schools and families once they choose to do so.
- Carson v. Makin: The Supreme Court ruled that states may not prohibit families participating in educational choice programs from selecting schools that provide religious instruction. The Court upheld the neutrality of such programs regarding religion, allowing parents to choose the educational environment that best suits their children. Chief Justice Roberts wrote that Maine "violates the Free Exercise Clause of the First Amendment" by prohibiting parents from choosing religious educational options.
These rulings have had a significant impact on educational freedom and choice, empowering policymakers to enact programs that give parents the ability to choose the best educational environment for their children, regardless of religious affiliation.
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The Amendment's impact on school choice
The Blaine Amendments are controversial state constitutional provisions rooted in 19th-century anti-Catholic bigotry. Their purpose was to prevent government funding for Catholic schools. These amendments were incorporated into many state constitutions, with 37 states eventually adopting such amendments. They have been used to impede and invalidate educational choice programs, particularly those that involve vouchers or public funding for religious schools.
In June 2020, the first major blow to Blaine Amendments was delivered when the U.S. Supreme Court ruled in Espinoza v. Montana Department of Revenue that the federal Constitution forbids states from excluding families and schools from educational choice programs based on their religious status. This was followed by another significant ruling in Carson v. Makin, where the Supreme Court held that states may not prohibit families participating in educational choice programs from selecting schools that provide religious instruction. These rulings affirmed that educational choice programs must be religiously neutral and allow parents to choose the best educational environment for their children.
The impact of these rulings on school choice is significant. They empower parents to make educational choices for their children without discrimination based on religious status. This promotes educational freedom and allows parents to select schools that align with their values and beliefs. It also opens up opportunities for families to explore a variety of educational options, including charter schools, private schools, homeschooling, and other innovative educational approaches.
However, the expansion of school choice options can lead to complex budgetary implications. For example, the estimation error in Arizona's voucher policy resulted in a much higher cost than initially anticipated. Additionally, legal scholar Kevin Welner highlights the potential for new lawsuits, such as parents challenging school district decisions that impact their chosen charter schools.
While the Blaine Amendments have been weakened by recent Supreme Court rulings, their legacy continues to shape the debate around school choice. The amendments reflect historical tensions between religious groups and public education, particularly targeting Catholic schools. Today, the push for school choice faces opposition from supporters of traditional public schools, who argue that it undermines public education. The ongoing dialogue around school choice involves considerations of religious freedom, educational equity, and the role of government in funding and regulating education.
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Frequently asked questions
Blaine Amendments are state constitutional provisions that prohibit public funding for schools or educational institutions affiliated with religious organizations.
Blaine Amendments were created to prevent government funding of Catholic schools. They were rooted in 19th-century anti-Catholic sentiment and sought to ensure that public education remained free from religious control.
While Blaine Amendments are found in many state constitutions, they have been the subject of legal challenges. Opponents of the amendments argue that they violate the federal Constitution by discriminating against religious schools and families. In recent years, the U.S. Supreme Court has ruled against Blaine Amendments, stating that they are unconstitutional and violate the free exercise clause of the First Amendment.
As of 2020, 37 states had Blaine Amendments in their constitutions. Louisiana repealed its Blaine Amendment in 1974, and other states have also made efforts to abolish or weaken these amendments.
