March 8, 2020
The Creeping Transmutation of Property Rights
In 2015, the elected Montana Legislature passed a law giving Montanans a tax credit for donating to student scholarship organizations (SSOs), which help low-income parents pay for their children's private schools. The unelected Montana Department of Revenue felt it their duty to correct the will of the people by banning those scholarships from being used for religious schools. Kendra Espinoza, who wants her children to attend a religious school, fought the bureaucratic diktat, with her case ending up being heard presently by the U.S. Supreme Court.
The Court has predictably divided along partisan lines as to whether the specific exclusion of religious schools is discriminatory. But the arguments surrounding both discrimination and the Establishment Clause of the First Amendment are missing a bigger picture, and dangerously so in terms of the relationship between citizen and state.
The underlying assumption as to the nature of the...(Read Full Article)
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