Don’t Be Afraid of the Big Bad Blaine

by Wyoming Liberty Group Staff

Education choice is vital to growing and developing Wyoming as a state. Wyoming needs a strong, student-centered education system to move forward. Many of the state legislators understand this, but why is there such little progress in education freedom? Most arguments you hear are weak excuses, such as the case with the argument around the Blaine Amendment.

The Blaine Amendment in the Wyoming Constitution reads, "No money of the state shall ever be given or appropriated to any sectarian or religious society or institution." Historically, the Amendment was used to discriminate against early Roman Catholic settlers. Legislators argue that the Blaine Amendment does not allow for effective education choice programs due to the high ratio of sectarian private schools to non-sectarian private schools, however that argument ignores a majority of legal precedent. This issue was even recently brought up recently in a Supreme Court ruling.

In the case of Trinity Lutheran Church of Columbia, Inc. v. Comer, Trinity Lutheran Church Preschool was denied a grant to resurface their playground from the Missouri Government on the basis of their religious affiliation. Chief Justice John Roberts wrote in the Opinion of the Court that "the exclusion of Trinity Lutheran from a public benefit for which it is otherwise qualified, solely because it is a church, is odious to our Constitution all the same, and cannot stand." This ruling spells trouble for the Blaine Amendment as a whole. Just as the United States Constitution forbids the establishment of a Federal religion, it also forbids discrimination against religion by the government.

Wyoming Legislators take note. The Blaine Amendment does not allow for religious discrimination. Education choice is completely available as a policy option for Wyoming. The Supreme Court is clear in the ruling. With programs that would otherwise qualify for state funding, such as the case with school funding, the state cannot discriminate. Wyoming can and should pursue a better education for their children, by setting them free and giving them better options to succeed.

Legislators need to stop hiding behind the Blaine Amendment and take the challenge head-on. Pass education choice programs, such as Education Savings Accounts (ESAs) or Child Safety Accounts (CSAs)¹, to allow children to receive an education that works for them and helps them grow and succeed. It is time to face the problem and fix the system.