All parents have the right to pay to send their child to a religious school but why, Justice Kagan asked, “does the state …have to subsidise the exercise of a right?”
On December 8th the justices contemplated taking another brick out of the “wall of separation between church and state”—Thomas Jefferson’s spin on the First Amendment’s bar on laws “respecting an establishment of religion”. The case,, is a challenge from parents who say Maine is violating their religious liberty. About half of Maine’s school districts have too few students to support a high school.
The families’ lawyer, Michael Bindas, scoffed at this distinction. It is “baseless” and contrary to “common sense”, he told the justices, to bar one type of bias while permitting another. Limiting tuition payments to secular private schools is “discrimination based on religion”. A secular-only rule violates the First Amendment’s guarantee of religious free-exercise.
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