Abstract
At the end of its 2019–20 Term the Supreme Court rendered two decisions on religious freedom in education. In Espinoza v. Montana Department of Revenue, the Court upheld Montana’s Tax Credit Program allowing taxpayers to deduct dollar-for-dollar state income tax credits of up to $150 to fund scholarships to pay tuition of students in nonpublic schools. In Our Lady of Guadalupe School v. Morrissey-Berru, the Court interpreted the First Amendment as barring the judiciary from intervening in employment disputes between faith-based schools and their teachers. This article reviews these cases before reflecting on their implications, ending with a brief conclusion.
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