Idaho AG Opinions, 2018

In light of the Supreme Court’s reasoning in the 2017 Trinity Lutheran Church case, the practice of outright denying an otherwise publicly available benefit to a religiously affiliated applicant solely because of who or what the applicant is (i.e., a church, religiously affiliated university, etc.), as opposed to how the applicant will put the benefit to use (i.e., direct religious use versus resurfacing a playground to ensure safety of children), has been called into question. The determination now requires the weighing of several factors, including but not limited to: (1) whether the program is publicly available; (2) whether a religiously affiliated applicant is being excluded categorically because of who or what they are, as opposed to how the funds will be used; (3) whether the program provides direct or indirect aid to the institution; and (4) whether the student is the primary intended beneficiary of the benefit provided by the program.

Proposed Initiative Amending Title 54, Chapter 25 Idaho Code, to Authorize Historical Horse Racing as a Form of Pari-Mutuel Betting.

Initiative Adding a New Section to Idaho Code Mandating the State Expand its Medicaid Eligibility Criteria