Supreme Court won’t hear challenge over Michigan’s ban on funding to parochial schools

The Supreme Court on Monday declined to get involved in a dispute out of Michigan over state funding going to parochial schools.

Five couples and a parental advocacy group challenged the state’s ban on public funding going toward parochial schools, saying it ran afoul of the Equal Protection Clause.

At issue was Michigan’s so-called Blaine Amendment, which prevents public funding from going to religious schools. Blaine Amendments arose out of anti-Catholic bigotry, and the high court has cast a skeptical eye on them in past cases.

Michigan has argued its amendment was neutral because it banned public funding from going to any nonpublic school, not singling out just religious institutions.

Michigan Solicitor General Ann Sherman pushed back on labeling the state’s policy as a Blaine Amendment, arguing it is neutral and applies to all nonpublic schools.

“Michigan prohibited funding for any private school, religious or not. This neutrally written and neutrally applied provision was reaffirmed thirty years later when the citizens overwhelmingly rejected a private-school tuition voucher program,” Ms. Sherman wrote.

The challengers, though, said that was a “sham.”

“In other words, the Blaine Amendment’s anti-religious impact was intentional, and it continues today,” their filing read.

The justices declined to take up their request to revisit the lower court’s ruling in favor of Michigan.

It would have taken four justices to vote in favor of hearing the appeal for oral arguments to be heard.