Becket Fund Challenges Florida's “Blaine Amendment” in State Supreme Court

Jan 25, 2005

Brief Explains Nativist Origins and Urges Interpretation to Allow Vouchers

The Becket Fund for Religious Liberty today filed an amicus (friend of the court) brief with the Florida Supreme Court in Bush v. Holmes, where the constitutionality of the state's voucher program is at stake.

In November, the lower court applied Article I, Section 3 of the Florida Constitution to strike down the Opportunity Scholarship Program, the only statewide voucher program in the country. But the Becket brief explains that Article I, Section 3 is actually a “Blaine Amendment” -- one of about 35 state constitutional amendments passed in the late 19th century out of hostility to immigrants (especially Catholics) and their “sectarian” schools. The brief argues that if Florida's Blaine is applied today consistent with its original nativist purpose, it would violate the federal constitution.

To avoid this conclusion, the lower court claimed that “nothing in the history or text of the Florida no-aid provision suggests animus towards religion.” But as the brief explains, “The text of Article I, Section 3 bears the watermark of a true Blaine Amendment: it uses the term ‘sectarian’ to describe those excluded from government funding.” And in its historical context, this particular choice of words is no accident: “They expressed and implemented that sentiment by excluding from government funding schools that taught ‘sectarian’ faiths (mainly Catholicism), while allowing those funds to the ‘common schools,’ which taught the ‘common’ or ‘nonsectarian’ faith (i.e., non-denominational Protestantism).”

“At least seven Justices of the U.S. Supreme Court and every historian worth his salt has acknowledged the bigotry behind the Blaine Amendments, and that they used the term ‘sectarian’ as code for ‘Catholic,’” explained Becket Fund President & General Counsel Anthony Picarello. “It's bad enough that voucher opponents try distort the law to get judges to strike down voucher programs -- now they're trying to distort history.”

The Becket Fund for Religious Liberty is a nonpartisan, interfaith, public-interest law firm dedicated to protecting the free expression of all religious traditions, and the equal participation of religious people in public life and benefits. For years, The Becket Fund has been actively involved in litigation challenging state “Blaine Amendments” as vestiges of nativist bigotry that violate the federal constitution. The Becket Fund also maintains a website dedicated exclusively to the history and current effects of Blaine Amendments (www.blaineamendments.org.)

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