The Supreme Court’s Chance to Fight State Discrimination against Faith-Based Schools

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To discriminate against schools on the basis of their religious activity is to discriminate against them because of their religious identity.

NRPLUS MEMBER ARTICLE T oday, the Supreme Court will hear arguments in Carson v. Makin, a case that concerns whether Maine may constitutionally exclude religious schools from participating in the state’s private-school tuition-assistance program. To those who have been paying attention to recent Supreme Court decisions in this area, the answer may seem obvious: Such discrimination is unconstitutional. The Supreme Court said as much last year when it held that Montana could not exclude religious schools from participating in its own school-choice program and, before that, in 2017 when it struck down a law that offered aid only to secular nonprofit organizations in Missouri.

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