Religious Tax Credit Properly Banned, Montana Tells Justices

Law360 (November 8, 2019, 8:49 PM EST) -- The Montana Supreme Court correctly abolished an entire private-school scholarship program after the state tax agency prohibited granting tax credits to scholarship funds when the money goes to religious institutions, the state government told the U.S. Supreme Court on Friday.

It was fair to get rid of the entire program if religious institutions could not participate, the state said in a respondent’s brief. It was also appropriate to disallow tax credits for donations to religious institutions, the Montana Department of Revenue said.

“Several early state constitutions barred taxpayer support to religious institutions — while also disestablishing the church and protecting free...

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