HJR001 is a House Joint Resolution aimed at repealing Article IX Section 5 of the Idaho Constitution, also known as the Blaine Amendment. The Blaine Amendment prohibits the use of public funds for sectarian (religious) schools, and plays a significant role in debates of the separation of Church and State in the context of funding private religious schools.
For this bill to pass, two-thirds of each legislative body would need to vote in favor of it. If the bill is passed and signed by the Governor, it would be presented to the voters in the November general election. It would only require a simple majority to pass at that time. If the simple majority is reached, the Blaine Amendment (Article IX Section 5) would be repealed.
Proponents argue incorrectly that the Blaine Amendment is no longer valid due to the Supreme Court decision in Espinoza v. Montana Department of Revenue. We know that is not the case. The decision only states that if states provide state appropriations to private K-12 schools, they cannot discriminate against private religious schools. Because Idaho does not currently fund any private K-12 institutions, repealing this bill is not necessary and blows the door wide open to funding private religious schools. Repealing this constitutional amendment would provide an easy path for our legislature to pass ESA/School Voucher legislation, thus taking away K-12 public school funding.
Contact your legislators today and ask them to vote NO on HJR001.