The U.S. Supreme Court will soon decide whether to hear a case concerning Michigan’s constitutional ban on taxpayer funding for private schools. The Case is captioned Hile v. Michigan – The Petitioners, represented by the Mackinac Center Legal Foundation, argue that the ban, known as the Blaine Amendment, violates the Equal Protection Clause because it disadvantages religious families in the political process by preventing them from lobbying for funding of religious schools. The Respondents, representing the State of Michigan, argue that the ban is facially neutral and does not target religion, and that the Petitioners lack standing because they have not demonstrated a concrete injury-in-fact. The Respondents also argue that the Petitioners are misinterpreting legal precedent, particularly the Court’s decisions in Schuette v. Coalition to Defend Affirmative Action and related cases.
Issues: (1) Whether Michigan’s constitutional amendment barring direct and indirect public financial support for parochial and other nonpublic schools violates the 14th Amendment’s equal protection clause; and (2) whether the failure of a ballot proposal that would have authorized school vouchers and partially repealed the constitutional amendment purges the amendment of its religious animus for purpose of the equal protection clause.
