The resolution would repeal the state's version of the Blaine Amendment
Jan 11, 2024

A joint resolution filed today in Idaho would, if successful, allow taxpayer money to flow to churches and faith-based ministries across the state.

The Idaho Constitution explicitly forbids this right now thanks to something called a “Blaine Amendment.” This is a reference to a failed amendment to the U.S. Constitution, first proposed in 1875, that would have banned federal money from going to religious schools. Even though it didn’t pass, 37 states have adopted their own versions of the law.

Idaho is one of them. Article IX, Section 5 of the state’s Constitution says state and local governments cannot use any public money “for any sectarian or religious purpose.” That means no tax dollars going to churches, ministries, or religious schools. That section has been in the document since 1890, and the only exceptions to the rule are places like Catholic hospitals—health care centers operated by faith-based institutions.

That’s deeply upsetting to the religious conservatives who now dominate the state legislature, because they would looooooove to use their power to steer taxpayer dollars to Christian institutions.

Earlier today, State Sen. Brian Lenney and State Rep. Elaine Price introduced House Joint Resolution 1, which would repeal that section of the constitution. If those Republicans get the support they need from their colleagues—two-thirds support in both chambers—voters would get to decide if that section ought to be repealed.

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Price says the Blaine Amendment has been nullified by recent Supreme Court decisions, like Espinoza and Carson, in which the Court said taxpayer funding could subsidize private religious education in certain situations in Montana and Maine, respectively. But those decisions did not repeal those state’s Blaine Amendments. They just carved out exceptions. Giant ones, to be sure, but they haven’t done away with them fully.

If there’s any reason to be hopeful, though, it’s that a nearly identical resolution was proposed last year… but failed to make it out of the Senate State Affairs Committee. That’s largely because lawmakers didn’t want to open the door to certain religious groups demanding taxpayer dollars:

Rep. John Gannon, D-Boise, told the committee he had “huge reservations” about the resolution because of the capaciousness of the term “religious.”

“There’s about 100 different groups that claim to be religious, and if you start opening up this equal allocation of funds ... it makes me very, very uncomfortable,” he said.

Let’s hope this new resolution meets the same fate.

If taxpayer dollars can be funneled to religious organizations in a state like Idaho, which is roughly 67% Christian, a lot of money that could benefit the public will instead be sent to conservative Christian groups that only want to help other conservative Christians. This is a state that already “spends less on education per student” than anywhere else in the country and ranks last in school infrastructure spending.

Passing this resolution would make a state that’s already ruby-red even less hospitable for people outside the Christian majority—and worse for plenty of Christians, too.