Dear Friend,

"On the Hill” generally refers to Congress but the Supreme Court is on that same hill, right across the street from the Capitol so I’m watching what happens there too. This week a lot happened in the separation of religion and government. The Court held oral arguments on a case involving state support for religious schools in Maine. In rural areas where there is no public school system, families can pick what nearby schools their children will attend. Two families sued the State because the overtly religious schools they wanted their children to attend have been excluded from the list of eligible public and private schools. Details here.

Fundamentally the case pits the First Amendment’s establishment clause (Maine taxpayer money should not go to religious schools) against its free exercise clause (parents aren’t allowed to choose to send their children to religious schools). The Supreme Court ruled last year that Montana violated the free exercise clause by excluding religious schools from a tuition-assistance program. While the Montana ruling determined it was unconstitutional for a state to exclude religious schools from public funding programs simply because of their religious orientation, the Maine case will determine whether it is also unconstitutional to exclude institutions because the state funding would go directly toward religious activity and instruction.

When someone says something like, “If we do that, we will be heading down a slippery slope, and where would it end?” the answer is usually, “It would end SOMEWHERE.” On this issue it needs to end in Montana, with state tuition money going to religious schools, but not to fund those schools’ religious activities. The Court should draw the line between Montana and Maine.

This case involves a very small number of students but the Supreme Court could issue a very broad ruling on government support for religious schools next spring. In the oral arguments, six justices seemed sympathetic to the parents. If this concerns you, take it as a reminder that elections matter, Presidents matter, and the majority in the Senate matters, where Supreme Court nominations are voted on or placed in a drawer. Get involved in your local party organization. There will be plenty for volunteers to do in the upcoming election year.