US High Court Says Religious Schools Can Get Public Money

2022-06-22

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  • The U.S. Supreme Court ruled Tuesday that the state of Maine may not bar religious schools from a tuition assistance program.
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  • The case involved a rule of Maine's Department of Education.
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  • The rule permits families who live in areas that do not have public schools to receive public money to send their children to a public or private school of their choosing.
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  • That program, however, bars the money from going to religious schools.
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  • Families that want to send their children to religious schools say the law violates their religious rights.
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  • In a 6-3 decision, the high court ruled that the Maine program violates the Constitution's protections for religious freedoms.
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  • Writing for the majority, Chief Justice John Roberts wrote, "The State pays tuition for certain students at private schools - so long as the schools are not religious. That is discrimination against religion."
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  • The court's three liberal justices disagreed with the majority decision.
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  • "This Court continues to dismantle the wall of separation between church and state that the Framers fought to build," Justice Sonia Sotomayor wrote.
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  • The ruling is the latest in a line of decisions from the Supreme Court that have favored religion-based discrimination claims.
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  • The court is separately looking at the case of a football coach who says he has a First Amendment right to pray at midfield immediately after games.
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  • The court's decision on Tuesday immediately affects Maine and Vermont, a neighboring state with a similar program.
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  • But the ruling could also fuel a renewed push for school choice programs in some of the states that have so far not directed public money to private, religious education.
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  • In the Maine case, two families wanted to send their children to Christian schools in Bangor and Waterville.
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  • The schools, Bangor Christian School and Temple Academy, have said in court records that they do not accept gay, lesbian or transgender students and teachers.
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  • At the time, Maine officials said that religious schools are excluded from the program "because the education they provide is not equivalent to" public education.
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  • The lawsuit was filed last year following a Supreme Court ruling saying that a Missouri program was wrong to deny money to a religious school for fixing a playground.
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  • That ruling opened the door for more cases aimed at changing rules about religious schools and public money.
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  • Last year, the Supreme Court ruled in a case from Montana that states do not have to permit public money to be used in private education.
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  • But they cannot keep religious schools out of such programs, once created.
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  • I'm Dan Novak.