Court's conservatives say denying taxpayer funds to church schools is discrimination against religion.
After imposing a strict church-state separation for decades, the Supreme Court appears poised to allow — and in some cases even require — more government funding of church-run schools.
The state pays tuition to send those students to private high schools, but only if they are “nonsectarian” schools. The state adopted this rule 40 years ago believing it was required as a matter of church-state separation. These restrictions were “born of bigotry” and “arose at a time of pervasive hostility to the Catholic Church and to Catholics in general,” heHis June 2020 opinion overruled Montana’s state high court and held that parents who sent their children to a Christian school were entitled to a state scholarship on the same basis as those who went to other private schools. The Constitution “condemns discrimination against religious schools and the families whose children attend them,” he wrote.
The Maine dispute has drawn national attention. Lawyers for a religious-rights group in Texas and the school-choice movement in Virginia are representing David and Amy Carson, who sent their daughter to the Bangor Christian School, but were denied state tuition money. Four liberals dissented from last year’s ruling in the Montana case, including Justice Ruth Bader Ginsburg. She died three months later, and now with Justice Amy Coney Barrett in her place, the court’s conservatives may be poised to go further.
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