WASHINGTON — A divided Supreme Court on Tuesday endorsed a Montana tax incentive program that indirectly helps private religious schools, a major victory for those who want to see more public funding of religious institutions.
Chief Justice John Roberts, writing for a conservative majority in the 5-4 ruling, said the Montana Supreme Court was wrong to strike down the program because of a provision in the state constitution that forbids public funds from going to religious institutions. The U.S. Constitution’s protection of religious freedom prevails, he said.
“A state need not subsidize private education,” Roberts wrote. “But once a state decides to do so, it cannot disqualify some private schools solely because they are religious.”
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