How the Espinoza Case Could Affect Michigan

Case summary

In December 2018, the Montana Supreme Court sided with the state’s revenue department, becoming the first state to use a Blaine (anti-aid) amendment in its constitution to strike down a tax-credit scholarship program. Other courts have cited Blaine amendments to strike down voucher programs that direct government aid to families choosing private schools.

In 2002, the U.S. Supreme Court ruled that the First Amendment of the Constitution cannot be used to block parents from choosing private schools in a publicly funded program. A favorable ruling in the Espinoza case could remove the remaining major legal obstacle to universal educational choice in many states, including Michigan.

What are Blaine (or anti-aid) amendments?

• These mostly 19th-century relics, found in 37 state constitutions, were added to prevent public dollars from supporting “sectarian” (Catholic) schools
• Today these anti-aid amendments have been used with some success to litigate against private school choice programs in various states
• Michigan has the newest (1970) and most restrictive anti-aid amendment language, written to deny families public support to choose “nonpublic schools”

Why is the Mackinac Center taking an active role?

• The Wall Street Journal called the Mackinac Center the nation’s “leading advocate for a universal education tax credit,” based on our groundbreaking 1997 report
• In all, 18 states since have adopted some form of tuition tax credits
• Michigan families should reap the benefits of a legal victory for expanded educational choice

What is the Mackinac Center doing?

• Wrote op-eds for The Hill, Washington Examiner and The Detroit News, laying out the stakes for Michigan & other states
• Produced an amicus brief: a data-driven case study focused on the demand for better educational options in the nation’s worst-performing urban school district, Detroit

Learn more about the Mackinac Center’s Education Policy Initiative.