In Gov. Kristi Noems Speakout (Dec. 9 “A budget for the people”), she proposes investing $4 million into Education Savings Accounts that families can use for private education. In South Dakota, there are 71 private schools teaching some levels of K-12. Less than 10 of those schools are sectarian. So, the vast majority of private schools that will receive the benefit of our property tax dollars are Christian schools.
The First Amendments Establishment Clause prohibits the government from making any law respecting an establishment of religion. This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another. It also prohibits the government from unduly preferring religion over non-religion, or non-religion over religion. (Legal Information Institute, Cornell University)
Our governor is proposing public tax dollars paid by us property owners to be used to pay for tuition at private Christian schools. This appears to prefer religion over non-religion, and should be challenged by our lawmakers in Pierre. In South Carolina, a lawsuit was filed in 2023 contending their similar education savings accounts violated constitutional provisions prohibiting direct public funding of private and religious education.
Let me suggest a solution. In South Dakota, our constitution requires the Legislature to exempt from taxation property that is used exclusively for religious purposes. So, churches are considered tax-exempt. However, if the government prefers to route our property tax dollars to Christian schools, those churches affiliated with these schools should be taxed. Your choice: dont use our tax dollars to pay for private school education, or remove the property tax exemption on churches who run private schools. This new tax revenue could then be used to fund education savings accounts.
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