The Bishop of Charleston and South Carolina Independent Colleges and Universities Inc. sued several state officials in South Carolina federal court claiming they unconstitutionally withheld COVID-19 emergency relief funds from private schools.
According to the April 14 suit, the state received nearly $48.5 million in education-specific funds for COVID-19 aid, but nonpublic and religious schools are barred form using public funds through the Blaine Amendment to the South Carolina Constitution.
An additional almost $2 trillion is poised to be disbursed across the country for COVID-19 relief, and the plaintiffs are challenging the Blaine Amendment in an effort to gain access to the federal funds.
The defendants in the case include S.C. Department of Administration executive director Marcia Adams, budget director Brian Gaines and S.C. Gov. Henry McMaster.
The plaintiffs allege violation of the equal protection clause and violation of the free exercise clause. They are represented by Turner Padget Graham and Laney of Charleston and the Liberty Justice Center of Chicago.