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The Supreme Court Just Fused Church and State — and It Has Even Uglier Plans Ahead

Congressional Leaders Host Arrival Ceremony  At Capitol For Late President George H.W. Bush - Credit: Jabin Botsford/Getty Images
Congressional Leaders Host Arrival Ceremony At Capitol For Late President George H.W. Bush - Credit: Jabin Botsford/Getty Images

It’s that time of year again, when six conservative lawyers impose a retrograde view of the world on unsuspecting people everywhere. Yup, it’s the end of the year for the Supreme Court. And this year, the rightwing hijacking of the court is going to be more apparent than ever.

Tuesday’s decision in Carson v. Makin really sets the tone for the next two weeks. In this case, two Christian private schools challenged a program in Maine that provided tuition assistance to families in rural school districts that don’t have their own public school. Parents could use the tuition assistance to send their children to private school, but Maine prohibited parents from using the money to attend a religious school. The rationale behind that carve-out was that the First Amendment’s prohibition on establishing a religion, so the state banned its tax dollars from going to religion.

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Sounds straightforward and reasonable enough, but not to this Supreme Court. This court, dominated by conservative Christians, has almost never faced a claim brought by a religious entity that it didn’t agree with. Looking for exceptions from birth control mandates, anti-discrimination law, and COVID protections? If you’re religious, this court has your back! How about forcing state and local governments to give you money, assistance, and support? Again, if you’re religious, you’re in luck once again!

So the ruling wasn’t much of a surprise, but it’s still a shock to the American system of government. The schools that asked for public tax dollar support from Maine have discriminatory admissions and hiring policies against gay and trans people as well as those who are non-Christian. No matter to this court. If Maine is funding allows tuition assistance to go to any private school, it has to allow the funding to go to religious schools as well, even ones with discriminatory policies. Chief Justice Roberts, writing for himself and the other five conservatives on the Court (Justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett), explained that “a state need not subsidize private education. But once a State decides to do so, it cannot disqualify some private schools solely because they are religious.”

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