The Buckeye Institute, along with the Wisconsin Institute for Law & Liberty (WILL), filed an amicus brief in Hile v. Michigan, urging the U.S. Supreme Court to rule Michigan's anti-religion Blaine amendment unconstitutional.
“Entrenched education bureaucracies and special interests are using Michigan’s anti-religion Blaine amendment to prohibit parents from using money they saved through the Michigan Education Savings Program for private school tuition,” said Alex M. Certo, a legal fellow at The Buckeye Institute. “Not only is the state’s amendment unconstitutional, but it denies families in That State Up North the opportunities and benefits school choice offers.”
Michigan’s anti-religion Blaine amendment restricts parents from using funds saved through the Michigan Education Savings Program for private school tuition. The brief argues that this violates the 14th Amendment's equal protection clause and highlights Ohio’s and Wisconsin’s positive experiences with school choice.
The turning point in Ohio’s school choice debate occurred in 1994 when Democratic Cleveland City Councilwoman Fannie Lewis and The Buckeye Institute organized the Summit on Vouchers. This event, which featured Polly Williams, a Wisconsin legislator advocating for school choice, led to the creation of the Cleveland Scholarship and Tutoring Program.
The families in Hile v. Michigan are represented by the Mackinac Center Legal Foundation and Bursch Law.