In June, the Supreme Court ruled in Carson v. Makin that the government must treat religious people the same as everyone else when distributing governmental benefits.
The case involved a Maine law that provided tuition assistance for students in rural areas that do not have high schools so the students could attend private schools or public schools in neighboring counties.
However, Maine prohibited the assistance from going to schools that provide religious instruction. Three families who wanted to send their children to religious schools sued Maine claiming the law violated the First Amendment’s Free Exercise Clause by discriminating based on religion. In a 6-3 decision, the Supreme Court agreed.
While the Establishment Clause prevents the direct funding of religious schools, the Court has allowed indirect aid to religious schools through government benefits to parents and children who direct the aid to a school of their choice. This decision is an extension of this principle. [Read more…]