CSAs and ESAs Are Unquestionably Constitutional

by Austin Hein

Last week, I wrote about the constitutionality of education choice programs and how they relate to the recent Supreme Court ruling of Trinity Lutheran v. Comer. If that was not enough to convince you of the Constitutionality of education choice programs, this will. Regardless of the Trinity Lutheran decision, programs like Education Savings Accounts (ESAs) and Child Safety Accounts (CSAs) are unquestionably constitutional.

Many argue that Wyoming's Blaine Amendment severely restricts the ability of ESAs and CSAs to provide funding for use on sectarian private schools, but this is far from the truth. Yes, the Blaine Amendment states that public funds cannot go to religious institutions, but education choice opponents leave out an important part of the formula. ESAs and CSAs do not give any money to religious schools, but rather the money goes to the parents.

Under these programs, families act as a sort of Blaine Amendment circuit breaker. Funds from CSAs and ESAs do not go directly to any school, sectarian or not. Instead, parents and families receive the funding to use at their discretion. What the families do with their money is their choice and cannot be affected by the Blaine Amendment.

This key distinction puts to rest any claim that the Blaine Amendment prevents education choice. Education choice is about families reclaiming their tax money and using it to better their child's education. There is absolutely nothing unconstitutional about that.

There is case law nationwide to support this. From Arizona, Montana, and even Puerto Rico, Federal Courts are upholding these programs on this basis. Legislators and opponents to education freedom lie and deceive as an excuse to avoid reforming Wyoming's education program.

The case for education freedom must center around individualized control over the funding. After all, it is their tax dollars. As long as the money is in the hands of the families and not the government, education choice programs are completely constitutional. Child Safety Accounts and Education Savings Accounts fit comfortably under this definition. Education reform is well overdue. No more excuses from the Legislature.