The Supreme Court was considering whether Maine violated religious rights in a case that could affect the separation of church and state in the United States.
The justices heard a challenge to the Maine rule that excludes faith-based schools. Children in Maine have the right to a public education. Some areas of the state do not have public schools. To ensure the student's right is met, Maine created a program that offers taxpayer funds to cover students' tuition fees at nearby private schools.
Two families wanted to enroll their children in private schools that teach religious teaching in the year 2018, according to a report. The Nelsons sued the state after they did not get funding from the state.
The families argue that the rule is unconstitutional because it discriminates against them. The lower court ruled against them. The Supreme Court has protected religious liberties in the past.
They are excluded because of religion. Discrimination can be called based on religious use. Discrimination can be called based on religious status. Call it what you will. Michael Bindas, a senior attorney at the Institute for Justice, argued on behalf of the parents on Wednesday that either way, it is discrimination based on religion.
The justices heard from the Maine's chief deputy attorney general on Wednesday.
"The reason that schools that promote a particular faith are not eligible to participate is simple: Maine has determined that as a matter public policy, public education should be religiously neutral," he said.
The court's conservatives, who make up a 6-3 majority, seemed receptive to the challenge from the parents.
Justice Samuel Alito wondered if a school that teaches students about religious beliefs but doesn't impose a religious "dogma" would be disqualified from Maine's program.
"Public schools often have a set of values that they want to instill - public service, be kind to others, be generous," he said. "If children are taught that your religion requires you to do certain things, that will make a difference."
Alito said that he was discriminating on the basis of religious belief. I described it as close to a religious community as possible.
Chief Justice John Roberts raised concerns about how Maine's rule could be used to discriminate between religions.
"You're discriminating against religions based on their belief?" Roberts asked.
The parents are seeking equal treatment, not special treatment, as pointed out by Justice Kavanaugh.
"They're saying don't treat me worse because I want to send my children to a religious school." He said that he should be treated the same as the secular parent.
Justice Elena Kagan posed a question about whether the state would allow a school that teaches white supremacy to apply for tuition assistance.
Knowing what I know about Maine and our legislature, a way would be found to prevent that school from participating.
Alito asked if a school that teaches critical race theory would be allowed to apply for the program.
The legislature would likely address teaching critical race theory as antithetical to a public education.
December 8, 2021.
The case will be decided by the Supreme Court by the end of June.
The decision will affect the issue of school choice. Proponents of school choice say it offers options beyond the traditional public school system, while critics say it erodes public schools.
Americans United for Separation of Church and State said in a statement that the court's conservative justices may be poised to turn America's fundamental principle of religious freedom on its head. Maine's program is meant to support secular and inclusive education. Public education is like church-state separation in that it ensures everyone is treated equally under the law regardless of their beliefs, abilities, or love for one another.
