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.