A sharply divided Supreme Court ruled Tuesday that Montana can create a tax credit program for private tuition assistance even though it would mean most money goes to religiously affiliated schools, allowing states to set up such programs even if their state constitution bans aid for churches and religious schools.
The 5-4 decision reversed a Montana Supreme Court ruling that had eliminated the entire state program based on a “no-aid” provision in the state’s constitution, which prohibits any aid to a school controlled by a “church, sect, or denomination.”