Legal Definitions - Blaine amendment

A Blaine amendment refers to a specific provision found in the constitution of many U.S. states. These state-level amendments impose a stricter separation between government and religion than what is generally required by the Establishment Clause of the First Amendment to the U.S. Constitution. In essence, a Blaine amendment typically prohibits the use of public funds or resources to directly support religious institutions, most notably religiously affiliated schools.

Here are some examples illustrating how a Blaine amendment might apply:

• State Funding for Private School Vouchers: Imagine a state legislature proposes a program to provide financial vouchers to parents, allowing them to use public money to pay tuition at any private school, including religious ones. If that state has a Blaine amendment in its constitution, a legal challenge could arise. The Blaine amendment would likely be invoked to argue that using public funds for tuition at religious schools constitutes direct support for religious institutions, thereby violating the state's constitutional prohibition. This could prevent religious schools from participating in the voucher program or receiving public funds through it.

• Grants for Religious Social Service Organizations: Consider a scenario where a state government wants to award grants to various non-profit organizations that provide services like homeless shelters, food banks, or addiction recovery programs. A religious charity that operates such a program, perhaps incorporating religious instruction or prayer into its services, might apply for one of these grants. If the state has a Blaine amendment, a court might rule that providing direct public funding to this religious organization, especially if its services are intertwined with its religious mission, would violate the state's constitutional ban on supporting religious institutions. This could prevent the religious charity from receiving the grant, even if its social services are beneficial.

• Public Funds for Religious School Textbooks or Equipment: Suppose a state passes a law to provide all private schools within its borders with state-funded textbooks, computers, or laboratory equipment. If a significant number of these private schools are religiously affiliated, a Blaine amendment could be used to challenge this program. The argument would be that by supplying these materials, the state is directly providing financial support or resources that benefit religious institutions, even if the aid is ostensibly for educational purposes. This could lead to the exclusion of religious schools from receiving such public assistance, or the program itself being deemed unconstitutional under the state's Blaine amendment.