This morning, the House State Affairs Committee debated House Joint Resolution 7, which would place a question before voters about whether or not to repeal a section of the Idaho Constitution known as the Blaine Amendment. Here is the full text, from Article IX, Section 5 of the state constitution:
Neither the legislature nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation, or pay from any public fund or moneys whatever, anything in aid of any church or sectarian or religious society, or for any sectarian or religious purpose, or to help support or sustain any school, academy, seminary, college, university or other literary or scientific institution, controlled by any church, sectarian or religious denomination whatsoever; nor shall any grant or donation of land, money or other personal property ever be made by the state, or any such public corporation, to any church or for any sectarian or religious purpose; provided, however, that a health facilities authority, as specifically authorized and empowered by law, may finance or refinance any private, not for profit, health facilities owned or operated by any church or sectarian religious society, through loans, leases, or other transactions.
The resolution, sponsored by Rep. Elaine Price, passed 8-6 after more than an hour of testimony and deliberation.
Chris Cargill of Mountain States Policy Center, Katherine Hartley of Pacific Justice Institute, Matt Edwards of Citizens Alliance of Idaho, Grace Howat of Idaho Family Policy Center, and Pastor Danny Steinmeyer of Truth Family Bible Church in Middleton all testified in support of the resolution. A couple of people testified in opposition.
Watch the full hearing here:
I took the opportunity to testify to share my thoughts on the historical context behind the Blaine Amendment and why I believe it should be repealed. You can watch my testimony here:
Here is my written testimony:
Thank you Madam Chair, members of the committee, my name is Brian Almon, and today I’m representing myself.
I can’t speak to the legal arguments here, so I want to focus on the historical context. James Gillespie Blaine, born in 1830, died in 1893, was one of the most influential political figures of the post-Civil War era. He served as Speaker of the House from 1869 to 1875, followed by a term in the Senate, and then two stints as Secretary of State. He ran unsuccessfully for president in 1884.
When Blaine was born, there were still living veterans of the American Revolution. At the age of 26, he served as a delegate to the very first Republican National Convention.
I say that to emphasize that the late 1800s were a very different time than today. Public schools, such as they were, had a very Protestant character, because that was the dominant worldview of the time. I say worldview, because I think using the term “religion” can blind us to the way in which schools today carry a certain worldview, one that is often at odds with the deeply held beliefs of many Idaho families.
Blaine and many others worried about the influence of other worldviews, especially Roman Catholicism, on the youth of America. He unsuccessfully tried to amend the US Constitution to disallow tax dollars from supporting “sectarian” institutions. However, he was successful in convincing new states in that era, including Idaho, to include such amendments in their own constitutions. Hence, the Blaine Amendment.
As I said, however, this is a different time. We now have a wealth of school choice options, and tax dollars are moved around in various ways to support them. The US Supreme Court has ruled* that if scholarships, grants, tax credits, or any other distribution of taxpayer dollars are made generally available to the public, the government cannot discriminate against religious institutions. Consider that Idaho Launch Grant funds are available for a wide variety of programs, and the government could not deny them to students attending BYU-Idaho simply because that is an LDS-affiliated school.
In closing, I suggest that the Blaine Amendment was made for a different time, and attempting to apply it today creates confusion, contradictions, and it contravenes Supreme Court precedent. I ask this committee to send this resolution to the floor, and to give the people of Idaho the opportunity to bring our State Constitution into the modern age.
Thank you for your time.
I joined Hartley and Steinmeyer on Idaho Signal following the hearing:
In order to be placed on the ballot, HJR7 needs to achieve a 2/3 vote in the House, pass a Senate committee, then win a 2/3 vote in the Senate as well. A tall order, perhaps, but it’s a worthwhile battle to fight.
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About Brian Almon
Brian Almon is the Editor of the Gem State Chronicle. He also serves as Chairman of the District 14 Republican Party and is a trustee of the Eagle Public Library Board. He lives with his wife and five children in Eagle.
