First Liberty



Today, the U.S. Supreme Court agreed to hear a potentially landmark
case challenging a Maine law that bans families from participating in
a student-aid program if they choose to send their children to
religious schools.

The Institute for Justice (IJ), which represents the parents in Carson
v. Makin, will argue the case in the 2021-22 term before the justices.
First Liberty Institute is co-counsel on the case.

In response to the Supreme Court's announcement, IJ President
and General Counsel Scott Bullock stated:

"Now more than ever, it is time to expand educational
opportunity for all families. Parents should have access to a wide
array of educational options-public and private, religious and
non-religious-so that they can access the school that best meets
their child's unique, individual needs. The Supreme Court now
has the chance to help make that a reality."

As IJ and First Liberty prepare to present oral argument before the
Supreme Court, there's reason to have hope that we can achieve a
victory on behalf of the families we represent who are challenging
Maine's religious discrimination.

In fact, the Supreme Court recently issued two decisions favorable to
the constitutional rights of students and religious schools.

In 2020, the Institute for Justice won the landmark Supreme Court
victory in Espinoza v. Montana Department of Revenue, in which the
Court held that states cannot bar families participating in student
aid-programs from choosing religiously affiliated schools for their
children. The Court held that discrimination based on the religious
"status," or identity, of a school is unconstitutional.

Another important and very favorable ruling for religious liberty that
could impact the Maine School Choice case is Trinity Lutheran v. Comer
(2017), in which the U.S. Supreme Court ruled 7-2 that religious
organizations and houses of worship could participate equally in
taxpayer-funded state programs.

In America, families should not be excluded from participating in
widely available public benefits only because they choose religious
schools for their children.

This is a critical case that could set an important precedent to
protect religious liberty nationwide, including for you and your
family. Over the coming months, we will keep you informed on important
developments and updates on this case-and we encourage you to
visit our website to learn more.

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Gratefully,

Kelly

Kelly Shackelford
President, CEO & Chief Counsel
First Liberty Institute

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