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The Department of Justice filed an amicus brief Thursday in support of students claiming they were discriminated against after the state of Montana denied them placement in a tax credit scholarship program because the school they attended was a Christian one.

The case, Espinoza v. Montana Department of Revenue, concerns a the Montana Tax Credit Scholarship Program, which allows Montanans to deduct up to $150 of their contribution to a privately run scholarship program. The state department of revenue prompted the suit when it added a rule prohibiting tax credits for contributions to schools owned or operated by “a church, religious sect, or denomination.”

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