Bill Analyses and Ratings
Bill Information: HJR007 – Constitutional Amendment: Sectarian Appropriations
Bill Summary
House Joint Resolution No. 7 proposes to repeal Section 5, Article IX of the Idaho Constitution, which currently prohibits sectarian appropriations. The resolution directs that this constitutional amendment be submitted to Idaho voters at the next general election for their approval or rejection. The Legislative Council is tasked with preparing required statements under Idaho Code Section 67-453, and the Secretary of State must publish the proposed amendment and arguments as required by law.
Overall Assessment
This constitutional amendment proposal has minimal alignment with the evaluated metrics, scoring 2 points overall. The resolution primarily affects education policy by potentially enabling public funding for religious schools, and touches on religious liberty by removing constitutional restrictions on sectarian appropriations. The bill does not address the vast majority of policy areas evaluated, as it focuses narrowly on repealing a single constitutional provision regarding the separation of church and state in public funding.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (0)
The resolution proposes repealing Section 5, Article IX regarding sectarian appropriations but does not address fiscal responsibility, taxation, balanced budgets, or limiting government size. The bill text contains no provisions related to government spending controls, budgeting processes, or constitutional limitations on government expansion.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
While Section 2 directs that the question be submitted to electors at the next general election, this is a standard constitutional requirement for amendments rather than a substantive policy promoting citizen involvement. The resolution does not address civic education, election integrity, primary systems, or other mechanisms for enhancing citizen participation in government.
ARTICLE III. EDUCATION (1)
Section 1 repeals the constitutional prohibition on sectarian appropriations, which directly removes a barrier to public funding flowing to religious schools. This aligns with the metric's emphasis on maximizing parental choice and having money follow students to their parents' school of choice, including parochial and religious educational institutions.
ARTICLE IV. AGRICULTURE (0)
The resolution addresses only the repeal of sectarian appropriations restrictions and contains no language related to agriculture, farming, ranching, agricultural education, water for agriculture, or rural economic policies. The bill text makes no reference to any agricultural matters.
ARTICLE V. WATER (0)
The bill text focuses exclusively on repealing constitutional restrictions on sectarian appropriations and does not address water rights, prior appropriation doctrine, inter-basin transfers, dam construction, or federal jurisdiction over water resources. No water-related provisions appear in the resolution.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
The resolution concerns only sectarian appropriations and contains no provisions related to natural resource management, environmental stewardship, wilderness designations, forest health, or federal environmental policies. The bill text does not address any environmental matters.
ARTICLE VII. ENERGY (0)
The bill text addresses constitutional provisions on sectarian appropriations and makes no reference to energy independence, energy resources, hydroelectric power, nuclear energy, deregulation, or energy research programs. Energy policy is not addressed in this resolution.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
The resolution proposes repealing a sectarian appropriations ban and contains no language related to Idaho National Laboratory, nuclear research, technology development, or technology transfer programs. INL-related matters are not addressed in the bill text.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
The bill text focuses on sectarian appropriations and does not address private property rights, eminent domain, regulatory takings, due process protections, or property development rights. No provisions relate to Fifth Amendment protections or property ownership.
ARTICLE X. STATE AND FEDERAL LANDS (0)
The resolution concerns constitutional restrictions on appropriations and contains no provisions related to federal land ownership, state administration of lands, reducing federal land holdings, or land management policies. Federal-state land issues are not addressed.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
The bill text addresses only sectarian appropriations and makes no reference to wildlife management, hunting, fishing, predator control, endangered species, or federal wildlife designations. No wildlife-related provisions appear in the resolution.
ARTICLE XII. ECONOMY (0)
The resolution proposes repealing a constitutional provision on sectarian appropriations but does not address commerce, small business support, labor policies, transportation infrastructure, or economic development. The bill text contains no economic policy provisions.
ARTICLE XIII. HEALTH AND WELFARE (0)
The bill text focuses exclusively on sectarian appropriations and does not address healthcare delivery, health insurance, patient rights, health savings accounts, welfare programs, or medical decision-making. No health or welfare provisions are included.
ARTICLE XIV. AMERICAN FAMILY (0)
The resolution concerns constitutional restrictions on appropriations and contains no language addressing family values, traditional marriage, parental authority, right to life, or child protection. While religious institutions may support families, the bill text itself does not directly address family policy.
ARTICLE XV. OLDER AMERICANS (0)
The bill text addresses sectarian appropriations and makes no reference to older Americans, retirement policies, services for seniors, or work penalties for retirees. No provisions relate to policies affecting older citizens.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (0)
The resolution proposes repealing a sectarian appropriations ban and does not address gun rights, criminal justice, death penalty, drug policy, incarceration, or state sovereignty matters. No law enforcement or criminal justice provisions appear in the bill text.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)
The bill text concerns constitutional provisions on appropriations and contains no language related to national defense, veterans, military installations, National Guard, border security, or terrorism. Defense-related matters are not addressed in this resolution.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
The resolution addresses sectarian appropriations and makes no reference to judicial elections, judicial selection processes, constitutional interpretation methods, textualism, or originalism. No provisions relate to the judiciary or judicial philosophy.
ARTICLE XIX. RELIGIOUS LIBERTY (1)
Section 1 repeals the constitutional prohibition on sectarian appropriations, removing a state-level restriction that limits religious institutions' access to public funding. This aligns with the metric's opposition to efforts that limit the free exercise of religion, as the current prohibition could be viewed as restricting religious organizations' participation in publicly funded programs.