Exclusion Of Religious Schools From State Scholarship Program Violates Federal Constitution : US Supreme Court

In a notable judgement yesterday in the case Espinoza v. Montana Department of Revenue,the U.S Supreme Court reversed an earlier judgment of the Montana State Supreme Court and disregarded a "no-aid" provision promulgated by the Montana State department by finding that it is inconsistent with the Federal Constitution. The Court further explained that, "The rule was not required by the no-aid provision, because that provision prohibits only "appropriations " that supports religious schools, "not tax credits" ". Later in December, 2018 the Montana Supreme Court reversed the decision made by the trial court under the observation that no aid provision "broadly and strictly prohibits aid to sectarian schools." On the aspect of pervasive use of power granted to the authority, the court is agreed with the petitioners and observed that the Department had exceeded its authority in propagating Rule 1 and explained that, " the statute creating the scholarship program had broadly defined qualifying schools to include all private schools, including religious ones, and the Department lacked authority to "transform" that definition with and administrative rule" THE 'FEDERAL FLAVOUR' OF THE RELIGIOUS CLAUSES The nature of the religious clauses which is part of the First Amendment is a championing provision in terms of free and indiscriminate way of religious practices. The Free Exercise Clause is applicable to states under Fourteen Amendment, which "Protects religious observers against unequal treatment" and against "laws that impose special disabilities" The Montana state's no aid provision had a serious problem with the above mentioned federal stand.