On January 22, 2020, the justices of the Supreme Court of the United States presided over an important religious liberties case, Espinoza v. Montana. The question before the Court was whether Montana discriminated against a parent´s religious freedom when it struck down a generally-available state scholarship program whose funds some parents used to send their children to private, religious schools.

Scott Andrew Fulks co-authored an amicus brief with Dr. Thomas C. Berg, the James L. Oberstar Professor of Law and Public Policy at the University of St. Thomas School of Law, on behalf of the Christian Legal Society. The brief argued that while the Court has previously found discrimination against institutions for their religious status from an otherwise neutral and secular aid program unconstitutional, discrimination against parents for their religious use of generally-available funds is likewise impermissible under the Religious Liberties Clause of the First Amendment.

The opportunity permitted Mr. Fulks to travel to Washington D.C. to sit among the few public seats available at oral arguments. A ruling on this case is scheduled to issue from the Court later this year.