https://www.frontpagemag.com/fpm/2022/06/supreme-court-decision-advances-educational-larry-sand/
Last week, the Supreme Court delivered three decisions that have the left in a snit of epic proportions. On Friday, the Court decided there is no Constitutional right to an abortion, and threw Roe v. Wade into the trashcan. The prior day, the justices made clear that the Second Amendment protects the right to carry a handgun outside the home for self-defense. And on Tuesday, in Carson v. Makin, the Supremes asserted that if a state subsidizes private education, it cannot disqualify religious schools.
The latter case revolves around Maine’s town tuitioning law, which allows parents living in districts that do not own and operate elementary or secondary schools to send their children to public or private schools in other areas of the state, or even outside the state, using funds provided by the child’s home district. Until Tuesday’s decision, the school a parent chose could not be a religious one. But as Chief Justice John Roberts explains, “The State pays tuition for certain students at private schools – so long as the schools are not religious. That is discrimination against religion. A State’s antiestablishment interest does not justify enactments that exclude some members of the community from an otherwise generally available public benefit because of their religious exercise.”
The Carson case was the fourth in a series that have involved the faux “separation of Church and state” argument. In the 2002 Zelman v. Simmons-Harris decision, SCOTUS ruled that because financial aid goes to parents and not the religious school, vouchers are indeed constitutional.
Then, in 2017’s Trinity Lutheran Church v. Pauley, a Missouri church that was operating a daycare and pre-school applied to a state grant program that helps non-profits pay to install rubber playground surfaces. The church’s application was denied because “the state constitution bars the state from providing funds to religious entities.” But Trinity Lutheran pursued the case all the way to the Supreme Court, where it prevailed. Chief Justice Roberts delivered the opinion of the 7-2 majority, stating, “The Court held that the Free Exercise Clause of the First Amendment protected the freedom to practice religion and subjects laws that burden religious practice to strict scrutiny.”