Attorney General Chris Carr wants to ensure that school choice is protected in Georgia and across the country.
Carr is co-leading efforts by 18 states to urge the U.S. Supreme Court to overturn a Montana Supreme Court decision that required the state to exclude religious school options for parents participating in a state tax credit scholarship program. The Attorney Generals recently filed a brief in the case, and Carr co-led the brief in partnership with Oklahoma Attorney General Mike Hunter and Arizona Attorney General Mark Brnovich.
According to Carr, Montana’s program — which was enacted by its legislature in 2015– provides a $150 tax credit to those who donate to a private scholarship organization. Those organizations then awarded scholarships to eligible children attending private schools. Georgia is among a number of states that have enacted similar school choice programs and scholarships. If the ruling remains, it could have an impact on Georgia’s current program, Carr said.
In the Montana Supreme Court’s ruling, the justices found that a high proportion of the school’s meeting the requirements were religious schools, meaning public funds were indirectly benefiting religious education in the state.
“The ruling by the Montana Supreme Court discriminates against and punishes parents who choose to send their children to religious schools,” said AG Carr. “If upheld, it has far-reaching consequences that could threaten school choice programs nationwide, depriving religious, low income and disabled children of a quality education of their choice. We encourage the U.S. Supreme Court to reverse this decision for the benefit of the families in Georgia and across the nation who rely on these programs.”
In the brief, the coalition contends that if the ruling is not reversed, it opens the door for other state courts to interpret laws surrounding similar scholarship programs in the same discriminatory way. The state attorneys general also argue that barring religious schools from tax credit programs is a violation of the First Amendment.
