Supreme Court to review Montana school choice program

Law Review

The Supreme Court will consider reviving a Montana program that gives tax credits to people who donate to private-school scholarships. The state’s highest court had struck down the program because it violated the Montana constitution’s ban on state aid to religious organizations.

The justices say Friday that they will review the state court ruling, which Montana parents are challenging as a violation of their religious freedom under the U.S. Constitution.

The Montana Supreme Court ruled that the program giving tax credits of up to $150 for donations to organizations that give scholarships to private-school students amounts to indirect aid to schools controlled by churches.

The Republican-led Legislature passed the law in 2015 as an alternative to a school voucher program designed to give students who want to attend private schools the means to do so. Most private schools in Montana have religious affiliations, and more than 90 percent of the private schools that have signed up with scholarship organizations under the program are religious.

The state court ruling invalidated the entire program, for religious and secular schools alike. In urging the Supreme Court to reject the appeal, Montana said it can’t be compelled to offer a scholarship program for private education. The state told the justices that the Montana court decision did not single out students at religious schools because the state court ruling struck down the entire program.

Montana is one of 18 states that offer scholarship tax-credit programs, according to EdChoice, an organization that promotes school-choice programs. Tax credits are one of several ways states have created programs to boost private schools or defray their tuition costs, with others including vouchers, individual tax credits or deductions and education savings accounts.

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Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.