Dear  John,

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.

Gratefully,

Kelly

Kelly Shackelford
President, CEO & Chief Counsel
First Liberty Institute