The Constitutional Quandary Only School Choice Can Resolve

Forcing religious families to pay taxes for secular public schools and for education consistent with their beliefs cannot stand.

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In Oklahoma, the state superintendent is requiring that public schools incorporate the Bible in numerous classes. In Texas, the proposed reading and language-arts curriculum is infused with biblical lessons. And Louisiana passed a law in June requiring that every public classroom display the Ten Commandments.

These actions — and the immediate reactions that consider them to be violations of the separation of church and state and seek to block them — are stark reminders that public schools cannot treat all people equally. No school can be simultaneously Christian, Hindu, secular, and so on. If public schools include devotional religion, they violate the Constitution’s establishment clause and render nonadherents second-class citizens. If they are not religious, they establish secularism, rendering religious families second-class and violating equality under the law.

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About the Author

Neal McCluskey

Neal McCluskey directs the Cato Institute's Center for Educational Freedom and is the author of The Fractured Schoolhouse: Reexamining Education for a Free, Equal, and Harmonious Society.

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