Idaho’s Attorney General Raúl Labrador’s office is taking decisive action to intervene in a significant lawsuit that challenges the state’s Blaine Amendment. This constitutional provision has long been a point of contention, as it prohibits public funds from being used to support religious organizations, including schools.
The current lawsuit, filed in the U.S. District Court for Idaho, is rooted in a dispute involving Truth Family Bible Church and its previous lease agreement with Sage International, a public charter school.
In April, Truth Family Bible Church initiated legal action against Sage International and the Idaho Housing and Finance Association (IHFA). The church alleges that its lease was terminated unjustly based on the Blaine Amendment, thereby infringing upon its rights to the free exercise of religion and free speech.
By invoking the Blaine Amendment, IHFA and Sage International effectively ended the church’s lease to use meeting space within the charter school. The church is seeking a federal court ruling that would declare the Blaine Amendment unconstitutional, both in the specific context of their case and more broadly.
On June 25, the attorney general’s office filed a motion to join the lawsuit on behalf of the state of Idaho. James Craig, the chief of the AG’s Civil Litigation and Constitutional Defense division, emphasized the state’s commitment to protecting fundamental rights, stating that the intervention aims to “ensure that the Idaho Constitution is not applied in a manner that violates fundamental rights.
” Craig also filed a separate opposition to the church’s demand that the state be prohibited from enforcing the Blaine Amendment, arguing that the provision should not be “implicated” in this particular case.
Craig’s argument hinges on the interpretation of the Blaine Amendment, suggesting that it does not come into play when a public entity, such as a school, rents its facilities to a church under the same terms offered to any other non-religious organization.
This legal stance is part of a broader national debate surrounding so-called “no-aid provisions” like Idaho’s Blaine Amendment. In recent years, several U.S. Supreme Court rulings have weakened similar provisions in other states, sparking a wave of challenges and legislative efforts to repeal them.
Idaho’s Blaine Amendment has been a focal point for supporters of private school choice, who advocate for mechanisms like school vouchers, education savings accounts, and tax credits that would use public funds to help families afford private schooling. Many private schools in Idaho have religious affiliations, making the Blaine Amendment a significant barrier to such initiatives.
While the attorney general’s office has requested to intervene on behalf of the state, it has clarified that it does not represent the IHFA in this matter. The IHFA, described in Idaho law as an “independent public body corporate and politic,” functions as the state’s bonding authority but is not classified as a state agency typically represented by the attorney general. Instead, the IHFA has retained private attorneys from Givens Pursley, a law firm based in Boise, to handle its defense.
As of now, neither the IHFA nor Sage International has formally responded to the complaint filed by Truth Family Bible Church. However, on Monday, attorneys from Givens Pursley filed a notice indicating that the IHFA does not oppose the attorney general’s request to intervene in the case.
This lawsuit is unfolding against a backdrop of ongoing legal and political battles over the role of religion in public education and the use of public funds for religious purposes. The outcome of this case could have significant implications for Idaho’s education system and the broader national debate on school choice and religious freedom.
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As the legal proceedings continue, all eyes will be on Idaho to see how this pivotal case will influence the future application of the Blaine Amendment and similar provisions across the country.
