A state constitutional Blaine Amendment disqualifies religious institutions from receiving generally- available state financial support because of the institutions’ religious identity.  

Anti-Catholic prejudice motivated states to enact Blaine Amendments during the late 19th century.  Recently, in Espinoza and Carson, the Supreme Court pared back these prohibitions.  The Court noted that Blaine Amendments that single out and exclude religion violate both the Free Exercise and Establishment Clauses of the First Amendment.

Note that this Index includes in this factor all constitutional language that prevents the public funding of religious schools or organizations, even if such language was not passed as a Blaine Amendment. If a state constitution has “no-aid” language disqualifying faith-based organizations from generally available state support on the basis of religion, it will be scored under this factor, even if adopted during a different time or historical circumstance than typical Blaine Amendments.

As a result of the Supreme Court’s decisions, it is currently permissible for most Blaine Amendments to be applied only to programs in which the government provides direct funding or support to a religious organization.  However, leaving Blaine Amendments “on the books” poses a continued threat to faith-based organizations should courts narrow or overrule the current Supreme Court interpretation of these matters in the future.

It is worth noting that current Supreme Court caselaw invalidates some but not all Blaine Amendment-type language. If a state constitution singles out religious or sectarian organizations as ineligible to receive government funding, that is likely unconstitutional. But some states (such as Alabama) restrict government funding for all charitable or educational organizations that are not controlled by the government. This does not single out religious organizations and would likely be constitutional.

To learn more about the Supreme Court’s treatment of state policies restricting religious organizations from participating in generally available funding programs, see Trinity Lutheran Church of Columbia v. Comer, addressing a state policy similar to the Blaine Amendment Carson v. Makin , holding that the First Amendment prohibits discrimination against religious entities in a generally- available government program in which funds flow to a religious entity through the free choices of third parties.

Below is a tier ranking of each state for this factor. Click on the state's name to open up its page, which provides more information on that particular state's overall score and relevant laws.