SCOTUS May Force Public Funding Of Religious Schools
December 9, 2021

POLITICS DEC. 8, 2021

The Supreme Court Is Ready to Make Taxpayers Fund Religious Schools

By Jay Michaelson

The Supreme Court on Wednesday heard a case involving just 4,800 students in rural Maine. But because of the way the Court seems certain to rule, the case will affect everyone in America. The reason is a single word: discrimination.

On its face, the case, Carson v. Makin is an outlier. Maine has a unique system for students in far-flung rural areas: If there’s no public school available, then the state will pay around $11,000 to families toward private-school tuition, so long as the private school is not religious in nature. A consortium of right-wing organizations sued the state on behalf of two families who wanted to send their children to religious schools on the public dime. They argued that Maine’s policy amounts to anti-religious discrimination, a violation of the First Amendment’s Free Exercise Clause. And based on today’s oral arguments, they will win.

This result would have been unthinkable a decade ago. Until quite recently, state funding of religious schools was understood to be unconstitutional. Then, over time, it became permissible in the context of school-choice programs. Then, in 2020, in the case of Espinoza v. Montana Department of Revenue, it became mandatory in such programs, since, the Court held, if the program included secular private schools, it had to include religious ones.

And now it looks as though it will be mandatory even for public-school-replacement programs like Maine’s, even if the schools in question require students to attend chapel, discriminate against LGBTQ students (or bar them from attending), teach religious dogma, and present all subjects (such as evolution) from a religious point of view — as the schools in the Maine case do.

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