• Publications
    • Essay
    • Case Study
    • Policy Study
    • Report
    • Testimony
    • Other
    • Newsletter
  • Blog
    • Daily Blog
    • Podcasts and Radio
    • Video
    • Infographics
    • Commentary / Op-Eds
    • Events
  • Events
  • Donate
  • About
    • Our Team
    • Show-Me Institute Board of Directors
    • Fellows and Scholars
    • Our Authors
    • Jobs
  • Contact
  • Explore Topics
    • Education
      • Accountability
      • Education Finance
      • Performance
      • School Choice
    • Health Care
      • Free-Market Reform
      • Medicaid
    • Corporate Welfare
      • Special Taxing Districts
      • Subsidies
      • Tax Credits
    • Labor
      • Government Unions
      • Public Pensions
    • State and Local Government
      • Budget and Spending
      • Courts
      • Criminal Justice
      • Municipal Policy
      • Property Rights
      • Transparency
      • Transportation
    • Economy
      • Business Climate
      • Energy
      • Minimum Wage
      • Privatization
      • Regulation
      • Taxes
      • Welfare
      • Workforce
Show Me InstituteShow Me Institute
Show Me InstituteShow Me Institute
Support the Show-Me Institute
  • Publications
    • Essay
    • Case Study
    • Policy Study
    • Report
    • Testimony
    • Other
    • Newsletter
  • Blog
    • Daily Blog
    • Podcasts and Radio
    • Video
    • Infographics
    • Commentary / Op-Eds
    • Events
  • Events
  • Donate
  • About
    • Our Team
    • Show-Me Institute Board of Directors
    • Fellows and Scholars
    • Our Authors
    • Jobs
  • Contact
  • Explore Topics
    • Education
      • Accountability
      • Education Finance
      • Performance
      • School Choice
    • Health Care
      • Free-Market Reform
      • Medicaid
    • Corporate Welfare
      • Special Taxing Districts
      • Subsidies
      • Tax Credits
    • Labor
      • Government Unions
      • Public Pensions
    • State and Local Government
      • Budget and Spending
      • Courts
      • Criminal Justice
      • Municipal Policy
      • Property Rights
      • Transparency
      • Transportation
    • Economy
      • Business Climate
      • Energy
      • Minimum Wage
      • Privatization
      • Regulation
      • Taxes
      • Welfare
      • Workforce
Education / School Choice

Blaine Amendments: Plaguing State Constitutions Since the 1800s

By Brittany Wagner on Jul 2, 2015
school choice

Douglas County School District in Castle Rock, Colorado, was dealt a tough blow Monday. The Colorado Supreme Court ruled Douglas County’s educational voucher program unconstitutional. Unlike other cases where public school districts fight school choice programs tooth and nail, Douglas County is defending its parents’ right to choose. The Choice Scholarship Pilot Program provided students who had attended Douglas County for one year with a voucher worth 75 percent of per pupil public funding. Funds could be directed toward private schools, including religious schools.

The program was challenged in 2011, because, like Missouri, Colorado has a Blaine Amendment. “This stark constitutional provision makes one thing clear: A school district may not aid religious schools,” the ruling stated.

Blaine Amendments prevent states from directing public funds toward religious schools. Thirty-seven state constitutions have them.

Douglas County School District officials said they will likely ask the U.S. Supreme Court to review the case. In 2002, the Supreme Court found Ohio’s voucher program did not conflict with the Establishment Clause of the Constitution. The Court found the program was neutral toward religion as it was created to provide educational assistance to poor children, not to divert funds solely toward religious schools.  

In 2004, though, the Supreme Court ruled in favor of a state’s Blaine Amendment. The Supreme Court upheld the constitutionality of Washington’s scholarship program, which excluded theology majors from receiving public funds. Still, the majority of rulings concerning voucher programs and Blaine Amendments have favored school choice programs.

It is unclear how the school district will proceed, but it is clear by the 500 students who opted to participate in the program that parents want a choice in how their children are educated. I will be rooting for this innovative school district, and I hope that, ultimately, #choicewins. 

  • Share
  • Tweet
  • Share
  • Email
  • Print
About the author

Brittany Wagner

More about this author >
    Footer Logo
    Support the Show-Me-Institute
    Showmeinstitute.org is brought to you by Show-Me Institute and Show-Me Opportunity.
    • Publications
    • Blog
    • Events
    • Donate
    • About
    • Contact

    Reprint permission for Show-Me Institute publications and commentaries is hereby granted, provided that proper credit is given to the author. We request, but do not require, that those who reprint our material notify us of publication for our records: [email protected]

    Mission Statement
    Advancing liberty with responsibility by promoting market solutions for Missouri public policy.

    © Copyright 2023 All Rights Reserved