SCOTUS decision is a big win for school choice
The U.S. Supreme Court handed down a decisive win for school choice and the First Amendment this week in Carson v. Makin.
At issue in the case was Maine’s educational choice system, a program for students who live in rural areas in the state that don’t run public schools. Maine’s scholarship program allows families to use state funds to pay tuition at the local private school of their choice, but the religious schools chosen by the parents in the case were excluded.
Maine’s Department of Education argued that the program did not violate the First Amendment because (in theory) funds could be used for a religious school so long as the school’s curriculum is not “designed to proselytize and inculcate children with a particular faith.” In other words, parents could use the scholarship money to send their children to a religious school, but only if nothing religious is taught.
“There is nothing neutral about Maine’s program,” Chief Justice John Roberts, writing for the majority, explained. “The State pays tuition for certain students at private schools — so long as the schools are not religious. That is discrimination against religion.”
The Carson case expanded on the Supreme Court’s landmark 2020 decision in Espinoza v. Montana Dept. of Revenue. In that case, the High Court considered a tax-credit program that allowed Montana to provide scholarships for assistance with private school tuition. After the Montana Supreme Court struck down the program, citing the “no-aid” provision (aka: Blaine amendment) of the State Constitution that prohibits aid to a school controlled by a “church, sect, or domination,” parents sued. The U.S. Supreme Court ultimately ruled in favor of Montana parents and held that the application of the no-aid provision discriminated against religious schools in violation of the Free Exercise Clause.
In Espinoza, Justice Roberts, again writing for the majority, wrote, “A State need not subsidize private education. But once a State decides to do so, it cannot disqualify some private schools solely because they are religious.”
By expanding parental choice to include faith-based schools, the Supreme Court rulings are game changers for the school choice movement. A 2022 poll of parents of school-age children found that 69 percent of parents say they “strongly support, support, or somewhat support school choice, with 31 percent indicating strong support.” Support for school choice was highest among Black parents (73 percent overall support) and Hispanic or Latino parents (72 percent). Notably, 71 percent of parents in cities or urban areas indicated support for school choice, 82 percent of parents in rural areas, and 68 percent of parents in the suburbs.
That should make the teachers unions very, very worried.
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