January 27, 2020, President Trump issued a proclamation on school choice. The President called on Congress to pass a federal tax credit to support state-based educational choice programs. The proclamation comes as a potential landmark case,  Espinoza v. Montana Department of Revenue, winds its way through the U. S. Supreme Court. Oral arguments for the case were presented January 22, 2020, which means the case could be decided as early as this summer.

From now until this case is decided, will you commit to pray?

The spiritual significance of the pending case and a possible Congressional ruling would impact American education, as it would strengthen our schools, families, and faith across our nation.  

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The case of Espinoza v. Montana Department of Revenue involves a small tax-credit scholarship program created by the Montana legislature in 2015. Initially, the program was open to religious private schools as well as secular, but in a later ruling by the Montana Department of Revenue private religious schools were excluded.

Kendra Espinoza’s children were not doing well in their local public schools. Utilizing the tax-credit program, Kendra enrolled her children in a private Christian academy. The tax credit program was later challenged by the Montana Department of Revenue, saying that tax-credits could not be used for parochial schools. Ms. Espinoza, willing to fight for her children to receive an education where they could succeed, partnered with the Institute for Justice in a lawsuit against the state of Montana for the right of her children to remain in the Christian Academy. The case went to the Montana Supreme Court, where it was ruled unconstitutional because it violated the Montana Blaine Amendment. The case now is up before the U. S. Supreme Court.

The Blaine Amendment has long been a stronghold in preventing school choice. In 1875, Senator James G. Blaine, a product of the enlightenment, presented an amendment before the U.S. Senate, which prevented the use of public funds to support sectarian private schools. The amendment failed in the Senate but was considered important enough for Congress to require states entering the Union in 1889 and after to insert a Blaine Amendment in their constitutions, resulting in 38 states to have what have what are known as “baby Blaines.”

The case already has some traction in the U.S. Supreme Court. Justice Clarence Thomas has never favored the Blaine Amendment. Almost 20 years ago, he said, “This doctrine, born of bigotry, should be buried now.” During the recent court arguments, Justice Brett Kavanaugh and later Justice Samuel Alito both stated their objections to the Blaine Amendment as a relic of religious bias since it was presented to Congress during America’s “immigration years” when Catholics flooded America to escape the Irish potato famine during the late 1800s. Afraid of Catholics, the Blaine amendment wanted to curtail their educational success.

This case is as much about parental control over one’s children as it is about taxpayer money being given to Christian schools. If Ms. Espinoza wins, the ruling would ultimately pave the way for parental choice in education.

While public schools across the board continue to fail in educating our nation’s students, many parents struggle financially to place their children where they stand the best chance of succeeding. Public schools, from their inception, sought to exclude religious training for students. The first public school supported by taxpayer money opened in 1834 in Boston, Massachusetts. Created as the brainchild of Horace Mann, as well as other Unitarians, public schools were designed to eradicate religious education and instead educate children in the philosophies of the enlightened minds of the day.

President Trump, in his January 27^th proclamation, said, “Today I renew my call on the Congress to focus on what is best for children and pass a federal tax credit to support State-based educational choice programs.” Action by Congress would break the power of the Blaine amendments in every state across our nation. As it stands now, the outcome of the Supreme Court case may rest with the votes of Chief Justice John Roberts and Chief Justice Stephen Breyer.

While the impeachment trials dominate the media and believers place their attention and prayers on the preservation of our president, it is imperative that we not forget the peripheral battle that rages for the lives and hearts of our children. This battle is of utmost importance to the survival of America’s families as children are our future and our future deliverers. 

Let’s pray: “Lord let justice roll on like a river, righteousness like a never-failing stream!” (Amos 5:24)

Lord, you take your place in the courts. You rise to judge these people. (Isaiah 3:13)

About the Author: Nancy Huff is an educator with a mission to equip believers to pray strategically for the Cultural Mountain of Education. She has authored Taking the Mountain of Education: A Strategic Prayer Guide to Transform America’s Schools. She leads prayer groups to pray at key educational locations across the US. Currently, Nancy serves as the Heartland Apostolic Prayer Network (HAPN) Lead Prayer Coordinator for the Mountain of Education. For additional information go to: https://takingthemountainofeducation.com/author/nancyahuff/