Blaine Amendment, December 14, 1875

THE BLAINE AMENDMENT

December 14, 1875

Rep. James G. Blaine (1830-1893) of Maine proposed the following constitutional amendment on December 14, 1875 in reaction to efforts of, in particular, the Catholic Church to establish parochial schools. The amendment was passed by the House on August 4, 1876 by an overwhelming majority (180 votes in favor, 7 votes opposed), but failed to muster the necessary two-thirds vote in the Senate (28 votes in favor, 16 votes opposed). Afterwards, the Blaine Amendment was incorporated into a number of state constitutions, especially in the West, where its inclusion was often a prerequisite for consideration for statehood. Many First Amendment scholars consider the Blaine Amendment unconstitutional because it requires government to discriminate against religious groups.

Lewis Roca Rothgerber Christie Religious Institutions Group

No State shall make any law respecting an establishment of religion or prohibiting the free exercise thereof; and no money raised by taxation in any State, for the support of public schools, or derived from any public fund therefor, nor any public lands devoted thereto, shall ever be under the control of any religious sect, nor shall any money so raised, or lands so devoted be divided between religious sects or denominations.

Source: 44 Cong. Rec. __ (December 14, 1875).

Amendment, Congressional Record, 44th Congress, 1st session, 14 December, 1875.