In Montana, they offer a tax-credit for people who donate to scholarship funds. Espinoza’s child was a recipient of one of these scholarships. But because Espinoza’s spawn was going to a private Christian school, it’s an issue. Because Montana has a rule, and we have the 1st amendment, which largely forbids any relationship between government and the church.
So now SCOTUS must decide if giving someone a scholarship, funded by taxpayers, should be prohibited from going to a religious school, in order to preserve the separation of church and state that people believe the 1st amendment represents. For the record, it doesn’t. It’s merely written as “Congress shall make no law…”
But, a long time ago, SCOTUS has ruled that 1A was meant to create a separation between church and state, and it’s been precedent ever since.
So Espinoza’s team is trying to argue that this law from Montana forbidding such scholarships based on religious grounds is the unconstitutional rule, because it discriminates against religious people.
Montana obviously argues that giving taxpayer money to a religious school violates the first amendment.
In a 5:4 partisan decision, SCOTUS sided with Epinoza. That the scholarship was awarded with no consideration to the school they choose to attend. As such, it is discriminatory to award it to them, but then restrict what school they can use the funds for.
The libertarian in me would like to point out that taxpayers shouldn’t be fucking funding education for anyone but their own fucking kids, or anyone else they voluntarily choose to help. If that were the case, we wouldn’t even be having this fucking argument.
While I’m atheist, I tend to agree with this decision. If we’re going to dole out scholarships on merit, we don’t have the right to tell them what school they use it with.
Ginsburg and Sotomayor argued that the law didn’t place any burden on the scholarship’s recipient, and therefore wasn’t a violation of 1A. But that’s fucking dumber than a box of rocks. If this person chooses a school, and then government steps in and says you can’t use our scholarship for THAT school, that’s a fucking burden. Again, I’m atheist. But fuck that. This is the problem with left wing assholes. They want the taxpayer to help everyone, but then they only want that help applied to things they agree with, and not what the person wants. This is why they can all kiss my lily-white ass, those arrogant pricks and prickettes.
Breyer’s and Kagan’s opinion was also a dissent, but in their case, they more argued that this was a 1A conflict since taxpayer’s ultimately end up funding a religious education. I can buy into that one.