Blaine Amendments
by Christopher Dodson,
Executive Director, North Dakota Catholic Conference
December 2003
An expected opinion by the United States Supreme Court may
impact a part of the North Dakota state constitution that
owes its existence to blatant anti-Catholic bigotry. The
provision prohibits the use of money raised for the public
schools to be used for the support of sectarian schools.
Although support for religious schools does not necessarily
have to come from money raised for the public schools, some
school choice opponents contend otherwise and point to this
constitutional provision to support their case.
Whether or not the opponents are right in their
interpretation, the time has come to remove this stain of
prejudice in our state constitution. Fortunately,
examination of similar provisions in other states may lead
to that.
Timothy Dore, the executive director of the Colorado
Catholic Conference, has written about these provisions and
the current legal developments. Mr. Dore has kindly
permitted us to reprint portions his work for this
remainder of this column.
* * * * * * * * *
The so-called "Blaine Amendments," began with an attempted
constitutional amendment proposed by Congressman James
Blaine in 1875, the primary purpose of which was to
prohibit aid to Catholic schools. He failed, but the idea
was enshrined in many state constitutions. That bigotry is
finally receiving court attention.
A major step came with Arizona's 1997 adoption of a plan
whereby individuals receive up to a $500 tax credit for
contributions to nonprofit School Tuition Organizations
(STOs) and $200 for contributions for specific purposes in
public schools. The Arizona Supreme Court, in January,
1999, not only ruled that such credits are constitutional
under both state and federal constitutions, but both the
majority and dissenting opinions referred to Blaine. The
following is from the majority view:
"The dissent relies to a great extent on external,
peripheral sources such as the Blaine amendment, introduced
in Congress more than 100 years ago...The Blaine amendment
was a clear manifestation of religious bigotry, part of a
crusade manufactured by the contemporary Protestant
establishment, to counter what was perceived as a growing
‘Catholic menace.' Its supporters were neither shy
nor secretive about their motives...contemporary sources
labeled the amendment part of a plan to ‘institute a
general war against the Catholic church.' While such
efforts were unsuccessful at the federal level, the
jingoist banner persisted in some states ... There is,
however, no recorded history directly linking the amendment
with Arizona's constitutional convention. In our judgment,
it requires significant speculation to discern such a
connection. In any event, we would be hard pressed to
divorce the amendment's language from the insidious
discriminatory intent that prompted it."
Another encouraging sign is the U.S. Supreme Court's 6-3
Mitchell v. Helms decision, June 28, 2000, which upheld the
provision of materials to students in religious schools.
Justice Clarence Thomas, for the majority, officially
recognizing the background for this alleged church-state
problem in education, wrote:
"[N]othing in the establishment clause requires the
exclusion of pervasively sectarian schools from otherwise
permissible aid programs, and other doctrines of this court
bar it. This doctrine, born of bigotry, should be buried
now. ‘
Twenty states that adopted constitutional Blaine amendments
and another seventeen states (including North Dakota)
entered the union with Blaine amendments but some did so
under duress when Congress indicated it would not grant
statehood until such a provision were included:
Perhaps what has been done can, finally, be undone. The
U.S. Court of Appeals for Ninth Circuit has ruled that
Washington State's Blaine Amendment is discrimination
against religion that violates the federal Constitution's
Free Exercise Clause. The U.S. Supreme Court has accepted
the case for review. If the lower court's decision is
upheld Blaine Amendments in all state constitutions will be
null and void.
As they should be.
