Supreme Court Says 'Nope' to Michigan Parents Seeking School Choice With Michigan Education Savings

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The high court’s decision leaves Michigan families facing ongoing restrictions when using education savings for private and religious schools.

Michigan Families’ Fight for Education Freedom Stymied by Supreme Court Rejection

MIDLAND, Mich. — The U.S. Supreme Court has declined to hear a case challenging Michigan’s Blaine Amendment, leaving in place one of the most restrictive state laws limiting public funds from supporting private or religious education. The decision, issued on October 7, comes as a blow to five families who sought to use their tax-exempt Michigan Education Savings Program (529 plans) to offset the costs of private K-12 schooling.

The families, represented by the Mackinac Center for Public Policy and John Bursch Law, argued that the state's ban on applying these savings to private education is discriminatory and burdens families seeking alternatives to public schools, particularly those wishing to enroll their children in religious institutions.

Supreme Court Refusal Opens Path for School Choice Restrictions Elsewhere

By refusing to take up the case, the Supreme Court has left Michigan’s unique version of the Blaine Amendment intact. While most Blaine Amendments, adopted in the late 19th century, were designed to prevent public aid to religious schools, Michigan’s iteration goes a step further, prohibiting any form of public funds—direct or indirect—from benefiting non-public education, including tax savings plans like 529 accounts.

“This decision empowers states to use Michigan’s Blaine Amendment as a model for restricting school choice,” said Patrick J. Wright, vice president for legal affairs at the Mackinac Center. “False neutrality cannot be used as a shield to deny parents the opportunity to select the best education for their children.”

The Mackinac Center has pointed to recent Supreme Court rulings that have struck down similar restrictions in other states, including Montana and Maine, arguing that Michigan’s constitutional provision violates families' First Amendment rights by preventing the free exercise of religion.

Failing Public Schools Leave Families Seeking Options Without Relief

School choice advocates argue that the ruling is especially detrimental to low-income families who cannot afford private school tuition out of pocket but are dissatisfied with their public school options. The Detroit Public Schools Community District (DPSCD) has consistently underperformed in key areas, ranking near the bottom in national assessments of student reading and math scores. Many families hoped to use their education savings to transfer their children out of these struggling districts into private or parochial schools.

"Michigan families are desperate for options," said Dr. Molly Macek, director of education policy at the Mackinac Center. “A child’s education should not be dictated by their zip code or family income. We will keep fighting for every family to have access to the best education available.”

Michigan law currently allows 529 plan funds to be used for public school tuition programs between districts but bars the same benefit for private or religious schools. Critics argue this creates an unfair advantage for secular education at the expense of faith-based schooling, further limiting the choices available to parents.

Michigan Constitution Under Fire as Advocates Urge Legislative Change

The Blaine Amendment, adopted into Michigan’s constitution in 1970, was part of a campaign with anti-Catholic undertones, according to the lawsuit filed by the Mackinac Center. Although the state claims the provision ensures a separation of church and state, opponents argue it unfairly targets religious families by denying them educational benefits available to others. The Mackinac Center and other advocates suggest that Congress or state lawmakers should intervene to override these constitutional limits and expand school choice nationwide.

Advocates believe the Supreme Court's inaction may put pressure on Michigan’s legislature to address the disparity or risk further lawsuits. “If the courts won’t act, lawmakers must step in to eliminate these discriminatory practices,” Wright added.

The Mackinac Center has vowed to continue pushing for educational freedom in Michigan, calling on Congress to address the issue through federal legislation. In the meantime, the Blaine Amendment remains a major hurdle for families seeking alternatives to public education.

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