Three Montana parents are asking the U.S. Supreme Court to overturn a state court's decision to end a tax credit program for private school scholarships because it would have benefited religious schools.
The Montana Supreme Court in December ruled the program giving tax credits of up to $150 for scholarship donations violated the state constitution prohibition of direct or indirect aid to religious schools.
The parents represented by the Institute for Justice filed their petition to the nation's high court on Monday.
They say the justices should take up the case to resolve once and for all whether government can bar religious options in student-aid programs.
Institute for Justice attorneys say the Montana court decision has deepened the split on whether that is a violation of the U.S. Constitution's religion freedom and equal protection clauses.