Nearly all the 330 private schools that received voucher funding are religious schools. Some discriminate against students, families and employees because of their religion, disability status, sexual orientation or gender identity. Indiana is bankrolling bigotry.
And many of the families receiving vouchers could pay private school tuition without public assistance. Some 20% of voucher households last year had an income of $100,000 or more, well above Indiana’s median household income of about $58,000.
The voucher program, created in 2011, was sold as a way to help children from poor families opt out of “failing” public schools. Mitch Daniels, Indiana’s governor at the time and a leading voucher advocate, said students should attend a public school for two semesters to qualify, giving public schools a chance to show what they could do.
It’s no surprise that the Supreme Court has taken another step to support public funding of religion. It had already been moving that direction with rulings in 2017 and 2020. But today’s decision, in Carson v. Makin, is still a big deal, and it leaves open several questions for the court to address.
The court ruled today that Maine can’t exclude religious schools from a small program that provides tuition vouchers for students in isolated rural areas to attend private secondary schools. Doing so, it said, violates the First Amendments requirement of religious freedom.
“The State pays tuition for certain students at private schools — so long as the schools are not religious,” Chief Justice John Roberts writes for the 6-3 majority. “That is discrimination against religion.”
It was a big deal when the U.S. Supreme Court ruled just 20 years ago that states could legally provide tuition vouchers for students to attend private, religious schools. Now the court is poised to take a more radical step.
It’s likely to rule that denying public funding to religious schools is unconstitutional, at least in some circumstances. The question is, how far will the ruling go? Experts expect the court to overturn a Maine program that pays for student tuition at some private schools but excludes religious schools. But the decision could be written to apply more broadly.
The case, Carson v. Makin, involves a program that affects a handful of rural Maine school districts that are too small to support a local high school. The state pays for students in those areas to attend a nearby public school or private school. In 1980, citing concerns about separation of church and state, Maine barred religious schools from participating.
Parents eventually sued, arguing that denying them funding to attend a religious school was discriminatory and violated the Constitution’s guarantee of religious freedom. The court heard oral arguments in December 2021 and is expected to issue its decision this month.
I can’t decide whether to be disappointed or encouraged by the big education news out of Louisville this month. Both reactions seem appropriate.
It’s disappointing, certainly, that Jefferson County Public Schools have thrown in the towel on a nearly 50-year effort to desegregate schools in Louisville and the surrounding area. But it’s encouraging that the district’s new student assignment plan claims to prioritize helping Black and low-income students.
In case you missed it – and the development inexplicably got almost zero news coverage outside of Louisville – the JCPS board voted unanimously to end an assignment system that bused some of the district’s 96,000 students away from their neighborhoods to promote socioeconomic diversity.
In its place, the board adopted a plan that will let all students – Black as well as white, poor as well as privileged – attend schools near where they live. The plan, created with guidance and eventual approval from the Black community, including the NAACP and an association of retired Black educators, also devotes more resources to schools in the city’s predominantly Black West End.