{"id":1099832,"date":"2021-12-08T18:14:44","date_gmt":"2021-12-08T23:14:44","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1099832"},"modified":"2021-12-08T18:14:49","modified_gmt":"2021-12-08T23:14:49","slug":"justices-question-maine-tuition-program-that-excludes-religious-schools","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/justices-question-maine-tuition-program-that-excludes-religious-schools\/","title":{"rendered":"Justices Question Maine Tuition Program That Excludes Religious Schools"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">18<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fjustices-question-maine-tuition-program-that-excludes-religious-schools%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1099832&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p class=\"p1\">On Wednesday, the Supreme Court heard arguments regarding a case out of Maine that concerns two intense topics of debate \u2014 religious freedom and school choice \u2014 and the court seemed unsure about a school tuition program in Maine that specifically bars sectarian schools.<\/p>\n<p class=\"p1\">According to <a href=\"https:\/\/ballotpedia.org\/Carson_v._Makin\">Ballotpedia<\/a>, the case is called Carson v. Makin and concerns a program created by the Maine State Legislature, which provided tuition assistance for students to go to private or public schools either outside or inside of Maine. \u201cPrivate schools labeled as sectarian by the state were not approved for funding,\u201d the outlet noted.<\/p>\n<p class=\"p1\">Initially, a U.S. district court sided with the state of Maine. Parents had gone to federal court and \u201cargued that the exclusion of religious schools from Maine\u2019s tuition-assistance program likewise violates the free exercise clause,\u201d per <a href=\"https:\/\/www.scotusblog.com\/2021\/12\/separation-of-church-and-school-justices-will-weigh-maines-ban-on-funds-for-religious-education\/\">SCOTUS Blog<\/a>.<\/p>\n<p class=\"p1\">According to <a href=\"https:\/\/www.scotusblog.com\/2021\/12\/separation-of-church-and-school-justices-will-weigh-maines-ban-on-funds-for-religious-education\/\">SCOTUS Blog<\/a>, the U.S. Court of Appeals for the 1st&nbsp;Circuit&nbsp;\u201c<strong>rejected<\/strong>&nbsp;the parents\u2019 challenge to the Maine program,\u201d stating that the Maine law \u201cdoes not bar schools from receiving funding simply based on their religious identity.\u201d<\/p>\n<p class=\"p1\">Instead, the court of appeals explained, the exclusion examines \u201cwhat the school teaches through its curriculum and related activities,\u201d and the law prohibits schools from receiving funding because of the \u201creligious use\u201d to which they would put the funds. The law, the court of appeals concluded, \u201cmerely reflects Maine\u2019s refusal to subsidize religious exercise.\u201d<\/p>\n<p class=\"p1\">Two sets of parents took the case to the Supreme Court in hopes of getting it reviewed. The high court agreed to hear the case earlier this year.<\/p>\n<p class=\"p1\">The <a href=\"https:\/\/www.supremecourt.gov\/DocketPDF\/20\/20-1088\/168134\/20210204140045165_Petition%20for%20Writ%20of%20Certiorari.pdf\">question<\/a> presented to the court by the petitioners was:<\/p>\n<p class=\"p1\">Does a state violate the Religion Clauses or Equal Protection Clause of the United States Constitution by prohibiting students participating in an otherwise generally available student-aid program from choosing to use their aid to attend schools that provide religious, or \u201csectarian,\u201d instruction?<\/p>\n<p class=\"p1\">The case also involves precedent from a 2020 decision on Espinoza v. Montana Department of Revenue, wherein the \u201cCourt held that a state may not exclude families and schools from participating in a student-aid program because of a school\u2019s religious status.\u201d However, the petitioners stated that the court \u201cacknowledged, but did not resolve, the question of whether a state may nevertheless exclude families and schools based on the religious <em>use<\/em> to which a student\u2019s aid might be put at a school.\u201d<\/p>\n<p class=\"p1\">As <a href=\"https:\/\/www.cnn.com\/2021\/12\/08\/politics\/supreme-court-maine-religious-schools\/index.html\">reported<\/a> by CNN after the arguments were heard on Wednesday, the Supreme Court seemed unsure about the Maine program that bars specific religious schools from the project.<\/p>\n<p class=\"p1\">\u201cConservative justices such as Samuel Alito, Clarence Thomas, Neil Gorsuch and Brett Kavanaugh suggested that if a state makes the choice to provide a public benefit, it can\u2019t exclude schools based on the fact that they teach the curriculum through the lens of faith,\u201d the outlet noted.<\/p>\n<p class=\"p1\">Michael Bindas, arguing on behalf of the petitioners, <a href=\"https:\/\/www.supremecourt.gov\/oral_arguments\/argument_transcripts\/2021\/20-1088_bp7c.pdf\">told the court<\/a> on Wednesday, \u201cMaine\u2019s sectarian exclusion discriminates based on religion. Like all discrimination based on religion, it should be subjected to strict scrutiny and held unconstitutional unless Maine can show that it is necessary to achieve a compelling government interest.\u201d<\/p>\n<p class=\"p1\">Justice Stephen Breyer explained his concern in getting involved in a case concerning religious freedom and schooling.<\/p>\n<p class=\"p1\">Breyer said, \u201cAnd what\u2019s worrying me is \u2014 is that if the school \u2014 if the state must give money to the schools, they\u2019re going to get into all kinds of religious disputes. \u2026 And religious beliefs, of course, are \u2014 are very sincere and held very strongly. And so there was a reason why this Court\u2019s cases have said we do not want to get into a situation where the state is going to pay for the teaching of religion by religious \u2014 you know, practicing religious organizations, and \u2014 and that seems to me to stick its head up in a lot of different aspects of this case.\u201d<\/p>\n<p class=\"p1\">Bindas noted, \u201cThis program does not fund schools. And if religious schools were allowed to participate, it does not fund schools. It funds families.\u201d<\/p>\n<p class=\"p1\">At one point, Justice Neil Gorsuch asked, \u201cSo religious schools are forbidden regardless whether or not they\u2019re going to participate?\u201d<\/p>\n<p class=\"p1\">Bindas answered, \u201cSolely because they are religious.\u201d<\/p>\n<p class=\"p1\">Christopher C. Taub argued on behalf of the state, explaining, \u201cThe reason that schools that promote a particular faith are not eligible to participate is simple. Maine has determined that, as a matter of public policy, public education should be religiously neutral. This is entirely consistent with this Court\u2019s holdings that public schools must not inculcate religion and should instead promote tolerance of divergent religious views.\u201d<\/p>\n<p class=\"p1\">Toward the end of the arguments, Justice Brett Kavanaugh pointed out the position of the religious families who wished to send their children to a specific school. Kavanaugh said, \u201c\u2026 [A]s I understand it, they are seeking equal treatment, not special treatment. They\u2019re \u2014 they\u2019re saying don\u2019t treat me worse because I want to send my children to a religious school<\/p>\n","protected":false},"excerpt":{"rendered":"<p>On Wednesday, the Supreme Court heard arguments regarding a case out of Maine that concerns two intense topics of debate \u2014 religious freedom and school choice \u2014 and the court seemed unsure about a school tuition program in Maine that specifically bars sectarian schools.According to Ballotpedia, the case is called Carson v. Makin and concerns a program created by the Maine State Legislature, which provided tuition assistance for students to go to private or public schools either outside or inside of Maine. \u201cPrivate schools labeled as sectarian by the state were not approved for funding,\u201d the outlet noted.Initially, a U.S. district court sided with the state of Maine. Parents had gone to federal court and \u201cargued that the exclusion of religious schools from Maine\u2019s tuition-assistance program likewise violates the free exercise clause,\u201d per SCOTUS Blog.According to SCOTUS Blog, the U.S. Court of Appeals for the 1st\u00a0Circuit\u00a0\u201crejected\u00a0the parents\u2019 challenge to the Maine program,\u201d stating that the Maine law \u201cdoes not bar schools from receiving funding simply based on their religious identity.\u201dInstead, the court of appeals explained, the exclusion examines \u201cwhat the school teaches through its curriculum and related activities,\u201d and the law prohibits schools from receiving funding because of the \u201creligious use\u201d to which they would put the funds. The law, the court of appeals concluded, \u201cmerely reflects Maine\u2019s refusal to subsidize religious exercise.\u201dTwo sets of parents took the case to the Supreme Court in hopes of getting it reviewed. The high court agreed to hear the case earlier this year.The question presented to the court by the petitioners was:Does a state violate the Religion Clauses or Equal Protection Clause of the United States Constitution by prohibiting students participating in an otherwise generally available student-aid program from choosing to use their aid to attend schools that provide religious, or \u201csectarian,\u201d instruction?The case also involves precedent from a 2020 decision on Espinoza v. Montana Department of Revenue, wherein the \u201cCourt held that a state may not exclude families and schools from participating in a student-aid program because of a school\u2019s religious status.\u201d However, the petitioners stated that the court \u201cacknowledged, but did not resolve, the question of whether a state may nevertheless exclude families and schools based on the religious use to which a student\u2019s aid might be put at a school.\u201dAs reported by CNN after the arguments were heard on Wednesday, the Supreme Court seemed unsure about the Maine program that bars specific religious schools from the project.\u201cConservative justices such as Samuel Alito, Clarence Thomas, Neil Gorsuch and Brett Kavanaugh suggested that if a state makes the choice to provide a public benefit, it can\u2019t exclude schools based on the fact that they teach the curriculum through the lens of faith,\u201d the outlet noted.Michael Bindas, arguing on behalf of the petitioners, told the court on Wednesday, \u201cMaine\u2019s sectarian exclusion discriminates based on religion. Like all discrimination based on religion, it should be subjected to strict scrutiny and held unconstitutional unless Maine can show that it is necessary to achieve a compelling government interest.\u201dJustice Stephen Breyer explained his concern in getting involved in a case concerning religious freedom and schooling.Breyer said, \u201cAnd what\u2019s worrying me is \u2014 is that if the school \u2014 if the state must give money to the schools, they\u2019re going to get into all kinds of religious disputes. \u2026 And religious beliefs, of course, are \u2014 are very sincere and held very strongly. And so there was a reason why this Court\u2019s cases have said we do not want to get into a situation where the state is going to pay for the teaching of religion by religious \u2014 you know, practicing religious organizations, and \u2014 and that seems to me to stick its head up in a lot of different aspects of this case.\u201dBindas noted, \u201cThis program does not fund schools. And if religious schools were allowed to participate, it does not fund schools. It funds families.\u201dAt one point, Justice Neil Gorsuch asked, \u201cSo religious schools are forbidden regardless whether or not they\u2019re going to participate?\u201dBindas answered, \u201cSolely because they are religious.\u201dChristopher C. Taub argued on behalf of the state, explaining, \u201cThe reason that schools that promote a particular faith are not eligible to participate is simple. Maine has determined that, as a matter of public policy, public education should be religiously neutral. This is entirely consistent with this Court\u2019s holdings that public schools must not inculcate religion and should instead promote tolerance of divergent religious views.\u201dToward the end of the arguments, Justice Brett Kavanaugh pointed out the position of the religious families who wished to send their children to a specific school. Kavanaugh said, \u201c\u2026 [A]s I understand it, they are seeking equal treatment, not special treatment. They\u2019re \u2014 they\u2019re saying don\u2019t treat me worse because I want to send my children to a religious school rather than a secular school. Treat me the same as the secular parent next door. I think that\u2019s what they are asking for, is equal treatment.\u201dU.S. Deputy Solicitor General Malcolm Stewart, who spoke in support of the state, said, \u201cthey are certainly characterizing what they are asking for as equal treatment. But Maine\u2019s view and our view is they are seeking a benefit different from the one that Maine is willing to provide.\u201dThe Daily Wire is one of America\u2019s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a member.<\/p>\n","protected":false},"author":95,"featured_media":2315279,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-1099832","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1099832","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/95"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1099832"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1099832\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2315279"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=1099832"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1099832"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1099832"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}