Idaho Supreme Court grills challengers of private education tax credit

January 25, 2026 - 01:55

During a closely watched hearing, justices of the Idaho Supreme Court expressed skepticism toward arguments seeking to strike down the state’s new private education tax credit program. The legal challenge asserts that the program, which provides public funds for private school tuition and expenses, violates the Idaho Constitution’s prohibition on using state money for any sectarian or religious institution.

Several justices, however, probed the challengers' interpretation during oral arguments. They questioned whether the mechanism of a tax credit directed by individual parents, rather than a direct appropriation by the legislature, constitutes a forbidden transfer of public funds to religious schools. The state’s attorney defended the program, arguing it supports families, not institutions, and falls within legislative authority.

The outcome of this case will have significant ramifications for school choice in Idaho. The program, passed by the legislature last year, allows taxpayers to receive credits for donations to organizations that grant private school scholarships. Supporters hail it as a victory for parental rights, while opponents warn it undermines public education by diverting potential state revenue. The court’s decision, expected later this year, will determine the program's fate.