Capitol Letters: Nampa senator looks to repeal Blaine amendment
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By Ryan Suppe, State Politics Reporter
A proposed change to the Idaho Constitution would repeal the so-called Blaine Amendment, a prohibition on directing state funds to religious institutions.
Sen. Brian Lenney, R-Nampa, introduced the joint resolution yesterday amid a nationwide push to free up taxpayer money for private education. Lenney told the Senate Education Committee that Idaho’s Blaine Amendment is “a relic of religious bigotry” that’s now “null and void.”
Dozens of state constitutions have Blaine amendments, many adopted in the late 19th century to block Catholic schools from using taxpayer funds. But a ruling by the U.S. Supreme Court already effectively struck down states’ Blaine amendments.
In 2020, Supreme Court justices ruled that a Montana scholarship program must be made available to religious schools. That decision paved the way for states to implement so-called “school choice” programs, offering taxpayer subsidies for private education, that would also fund religious institutions. Iowa is the latest state to enact such a program.
Meanwhile, Lenney and his allies are pushing a proposal from Sen. Tammy Nichols, R-Middleton, that would create “education savings accounts,” a state funding mechanism for private education, similar to Iowa’s and to a program launched in Arizona last year. Nichols’ proposal has yet to receive a hearing.
For approval, a constitutional amendment requires support from two-thirds of Idaho senators and House members. It also requires majority support from Idaho voters, who would vote on the change in an upcoming election.
A constitutional amendment requires majority support from Idaho voters along with two-thirds of the Idaho Senate and House.
Senate Education Committee members introduced Lenney’s bill without discussion.
“We will have our discussions on it if and when it comes back,” said Sen. Dave Lent, R-Idaho Falls, who chairs the committee.
Bill penalizing cities that defy abortion law advances
A bill that would punish local governments for refusing to enforce felonies, including Idaho’s criminal abortion law, cleared the Idaho House yesterday.
The legislation, from Rep. Bruce Skaug, R-Nampa, would withhold sales taxes — which are funneled through the state — from cities or counties that declare they won’t enforce felony crimes in state code.
Skaug said the bill was inspired by, but does not specifically target, a 2022 resolution from the city of Boise that declared it would not prioritize investigating criminal abortions, referring to Idaho’s near-total ban on abortion.
Skaug would not say yesterday whether Boise’s resolution would qualify under the proposed penalty.
“Truthfully, I’m not targeting any one city and I have not read their resolution,” Skaug said. “This is for future problems that we may well have that we’ve seen across the country and we want to prevent that.”
The House overwhelmingly passed the bill, nearly along party lines. Reps. Greg Lanting, R-Twin Falls, and Jack Nelsen, R-Jerome, opposed it.
Lenting said the bill doesn’t make clear that the attorney general would be responsible for enforcing the penalties. Nelsen said he was concerned about “telling local constituencies” what to do, noting a sheriff may choose not to enforce gun restrictions.
“I’m hugely for law and order,” Nelsen said. “But I really have heartburn that locally elected sheriffs are saddled with this as they address the law.”
The bill now heads to the Senate.
What to expect today
8 a.m. Joint Finance-Appropriations. Budget-setting lawmakers will hear presentations on the Idaho Department of Correction’s spending priorities for the next fiscal year.
8 a.m. Senate Agricultural Affairs. Sen. Scott Herndon, R-Sagle, will present a proposal to decriminalize the sale of raw milk for human consumption. According to the Federal Food and Drug Administration, raw milk that has not been pasteurized can carry dangerous bacteria.
9 a.m. House Education. Lawmakers will consider a bill expanding the Idaho Launch Grant Program to include $8,500 scholarships for Idaho students attending in-state colleges and workforce training programs, a priority of Gov. Brad Little’s.
Opinion: Warning about tax cuts
By Scott McIntosh, Opinion editor
During his State of the State address this year, Idaho Gov. Brad Little quoted Lt. Gov. Scott Bedke’s piece of ranch family wisdom. “It won’t be the bad years that put you out of business; it’s what you did in the good years that sets you up for failure or success.” Flush with cash, too many states across the country are making decisions, though, that could set them up for failure when times get bad again.
Opinion: Fear and loathing
If Idaho’s Republican legislators show their priorities by what they address in the opening weeks of the session, the message is clear: They’re scared, and they’re against a lot of things. They’re scared of gay people, teenagers, drag shows, home invaders, unisex bathrooms and immigrants.
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