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www.cnn.com

Supreme Court opens door to state funding for religious schools | CNN Politics

In a ruling that will open the door to more public funding for religious education, the Supreme Court on Tuesday ruled in favor of parents in Montana seeking to use a state scholarship program to send their children to religious schools.

The court said that a Montana tax credit program that directed money to private schools could not exclude religious schools.
The 5-4 ruling was penned by Chief Justice John Roberts and joined by the court's four conservative justices.
"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," Roberts wrote in the majority opinion.

CNN Supreme Court analyst and professor at the University of Texas School of Law Stephen Vladeck said Tuesday's decision "represents a significant step in the direction of federal constitutional protections for religious schools."
"Today's ruling appears to suggest that there's virtually no gray area -- and that a state may only decline to extend neutral tax credits to religious schools when extending the credit would itself be unconstitutional," Vladeck said.

The controversy stemmed from a program created by the Montana legislature in 2015 that allowed residents to receive a tax credit of up to $150 for a contribution to a scholarship program. The donations were then used to fund tuition scholarships for children seeking to attend the private school of their choice. In Montana, the majority of private schools are religiously affiliated.
Soon after, however, the Montana Department of Revenue excluded religiously affiliated schools from the program, citing the fact that the state Constitution bars state funds for religious education.

Lawyers for Montana argued that the amendment is valid because states are finding a balance -- protecting the free exercise of religion while ensuring the separation of church and state.

The case was a follow-up to a 2017 opinion when the Supreme Court ruled that a Missouri policy that excluded a church-run preschool from a grant program used to resurface playgrounds was unconstitutional. In a footnote at the time, however, Roberts said that the opinion did not concern funds used for religious purposes -- leaving that issue for another day.

This is a big win for the likes of Betsy DeVos, whose plan to push for school vouchers and private school tax incentives under the slogan of school choice, defund public schools, and provide religious institutions with quasi-direct state/federal funding has come to fruition.
 

yellowfury

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Oct 27, 2017
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I eagerly await the outrage when conservatives start chanting church and state when some of this money invariably falls in the hands of a hypothetical Muslim religious school.

there should be no state sponsored religion period. I say this as someone who still claims to follow a religion.
 

Deleted member 31923

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This is why you don't fall in love with Roberts. This is his default. Hopefully he at least votes against Trump in the tax returns case.
 

GoldenEye 007

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The state shouldn't be giving any money towards private schools anyway - directly or via scholarships that can in turn be used at private schools. When I realized Montana was giving out state funds to private schools in the first place, I wasn't shocked to see that you can't just exclude religious schools.
 

Mariolee

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Oct 25, 2017
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I eagerly await the outrage when conservatives start chanting church and state when some of this money invariably falls in the hands of a hypothetical Muslim religious school.

there should be no state sponsored religion period. I say this as someone who still claims to follow a religion.

Same
 

Shiloh

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Oct 25, 2017
3,710
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
This seems fair to me, as long as the school is not exempt. Exempt schools shouldn't receive funding. A quick google shows they exist, and what makes them that way was waaay too complicated for me to care to go further into reading.
I eagerly await the outrage when conservatives start chanting church and state when some of this money invariably falls in the hands of a hypothetical Muslim religious school.
This is the thing that will definitely happen, and they won't see the hypocrisy
 

skeptem

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Oct 25, 2017
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I feel like this ruling is missing the bigger picture of states funding private institutions.
 

Empyrean Cocytus

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Does this set precedent? As in all states now have to give money/vouchers to private schools?

As someone who will be sending their child to an already-strapped public school, this is not good news for me.
 

BlackNMild2k1

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Oct 25, 2017
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Without reading the entire article (just the excerpts posted) because I'm pressed for time....

If a religious school, which I believe were all privately funded, is now going to be accepting tax payer funds, does that mean that they have to remove any tax exempt status after funds are accepted. They can't have it both ways.
Separation of church and state after all....
 

Deleted member 57578

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When I realized Montana was giving out state funds to private schools in the first place, I wasn't shocked to see that you can't just exclude religious schools.
Yeah I 100% do not support funding private schools with public money, but if I did, how could I justify only directing those funds to certain private schools based on their religion or lack thereof?

Seems like people are responding to this case as if it the court is saying states have to provide vouchers for private schools.
 

androvsky

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Oct 27, 2017
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Does this set precedent? As in all states now have to give money/vouchers to private schools?

As someone who will be sending their child to an already-strapped public school, this is not good news for me.
The first sentence quoted in the OP from the ruling: "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,"
 

Deleted member 31817

Nov 7, 2017
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The first sentence quoted in the OP from the ruling: "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,"
Makes sense. The problem is religious schools should also not be allowed to just straight up ignore topics they don't like confronting i.e. sex education, evolution and homosexuality.
 

AuthenticM

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Does this decision prevent a federal law denying funding to these religious schools from being passed?
 

MasterChumly

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The state shouldn't be giving any money towards private schools anyway - directly or via scholarships that can in turn be used at private schools. When I realized Montana was giving out state funds to private schools in the first place, I wasn't shocked to see that you can't just exclude religious schools.
Agreed with this.
 
OP
OP

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Does this decision prevent a federal law denying funding to these religious schools from being passed?

Yes, short of a constitutional amendment.

The concern here is the first amendment rights of the families and schools. The court ruled that the this portion of Montana Constitution is unconstitutional in view of the Constitution of the United States of America.

That is, a government cannot give funds to certain private institutions or persons on the basis of their religion or lack thereof.
 

Min

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Oct 25, 2017
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This is the thing that will definitely happen, and they won't see the hypocrisy

This is a thing that will definitely not happen because state governments are run by conservative christians, so you're going to see the funding of state religions. This is giving them discretion to fund certain religious sects while not funding other religious sects unless another case is made that all religious schools must receive equal state funding if the state decides to fund them (and even then there won't be equal opportunity).

I guess the wording means once funding is decided all private religious schools must be given access to funding, but how many religious private schools are there that aren't christian based?
 

SFenton

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Nov 10, 2017
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I feel like this ruling is missing the bigger picture of states funding private institutions.

Yeah, I feel like this isn't so much about the fact that it's a religious school more than the fact that the state must treat all private institutions the same regardless of principle.

Should we want to change how private institutions are funded, that's the better route to go- private institutions shouldn't get state funding? All for it.
 

AwShucks

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Oct 27, 2017
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I mean, it seems strange to exclude a private school based on religious criteria if private school funding is a thing.
 

Hecht

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Oct 24, 2017
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The state shouldn't be giving any money towards private schools anyway - directly or via scholarships that can in turn be used at private schools. When I realized Montana was giving out state funds to private schools in the first place, I wasn't shocked to see that you can't just exclude religious schools.
Yeah this. Kinda defeats the point if public funding is going towards those schools.
 

Jarmel

The Jackrabbit Always Wins
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Oct 25, 2017
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I mean, it seems strange to exclude a private school based on religious criteria if private school funding is a thing.
That's what I'm getting from this. I can understand separation of church and state to an extent but this seems more discriminatory if they're already doing private funding (which they shouldn't be).
 

Dyle

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Oct 25, 2017
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Torn on this one. I agreed with the court's ruling on the 2017 playground case and can't help but acknowledge the sense in Roberts' statement, but it's definitely not what I would have wanted from this case. It's pretty clear that states shouldn't be giving out money like this and running into this situation at all.
In Scotland religious schools are generally public schools. It's that not the case in US?
What do you mean by public school? The use of the term in the US is dramatically different from its use in the UK
 

PanickyFool

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Oct 25, 2017
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What happened to the separation of church and state?
Means the state cannot endorse, enforce, or prohibit a religion.

As an atheist I agree with this decision in the context that the state is providing atheist (secular) institutions with monies they should also provide non-secular institutions with monies. The questionable state level enforcemeent of a mandatory secular curriculum is a different issue. NYC is notoriously terrible at giving Jewish kids a good education.
 

sangreal

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Without reading the entire article (just the excerpts posted) because I'm pressed for time....

If a religious school, which I believe were all privately funded, is now going to be accepting tax payer funds, does that mean that they have to remove any tax exempt status after funds are accepted. They can't have it both ways.
Separation of church and state after all....

Non-profits can certainly accept government funds. I know you're talking about the tax exemption given to churches but the schools don't operate under that anyway. They're just regular non-profit private schools tax-wise
 
OP
OP

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In Scotland religious schools are generally public schools. It's that not the case in US?

The term "public school" in the US means government-funded/operated (what you might call a "state school"). We call what the U.K. calls "public schools" "private schools" (schools run independently from the government). We don't really have the equivalent of U.K. "private schools" (exclusive to certain families/peoples).
 

The Albatross

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Oct 25, 2017
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I think agree with Roberts' assessment here, states don't need to subsidize private education. If there is a state program that subsidizes private education, through student grants or state-backed loans, excluding private schools simply because they're religious seems like a greater affront to the constitution than accommodating them. If the state is already funding private education, it seems exclusionary to not provide that same funding for private education that happens to be affiliated with a religious institution. The solution for those states that take issue with this is to not offer individual tax reimbursements like this for any private schools.

Consistent with the 2017 ruling, a private school being able to receive a grant to make a playground safer, where children play, isn't what I think of when I think of "State sponsor of religion." These seem like pretty small accommodations that can improve the lives of people without becoming a slippery slope of the state endorsing a religion. I understand the argument of ideological purists, but even as an atheist I think it becomes punitive to a fault where someone can't qualify for a scholarship tax credit because the scholarship they donated to is at a religious school. As long as that school is meeting the state mandated requirements for a quality education, I don't have a strong ideological opposition to the program. Also, I disagree with the take of "Religious schools should be banned," that's... completely unconstitutional and entirely against the liberal progressive concept of religious freedom.
 

BossAttack

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Oct 27, 2017
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The state shouldn't be giving any money towards private schools anyway - directly or via scholarships that can in turn be used at private schools. When I realized Montana was giving out state funds to private schools in the first place, I wasn't shocked to see that you can't just exclude religious schools.

I think agree with Roberts' assessment here, states don't need to subsidize private education. If there is a state program that subsidizes private education, through student grants or state-backed loans, excluding private schools simply because they're religious seems like a greater affront to the constitution than accommodating them. If the state is already funding private education, it seems exclusionary to not provide that same funding for private education that happens to be affiliated with a religious institution. The solution for those states that take issue with this is to not offer individual tax reimbursements like this for any private schools.

Consistent with the 2017 ruling, a private school being able to receive a grant to make a playground safer, where children play, isn't what I think of when I think of "State sponsor of religion." These seem like pretty small accommodations that can improve the lives of people without becoming a slippery slope of the state endorsing a religion. I understand the argument of ideological purists, but even as an atheist I think it becomes punitive to a fault where someone can't qualify for a scholarship tax credit because the scholarship they donated to is at a religious school. As long as that school is meeting the state mandated requirements for a quality education, I don't have a strong ideological opposition to the program. Also, I disagree with the take of "Religious schools should be banned," that's... completely unconstitutional and entirely against the liberal progressive concept of religious freedom.

Exactly.
 

Josh5890

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Oct 25, 2017
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there should be no state sponsored religion period. I say this as someone who still claims to follow a religion.

Couldn't agree more. I am very religous, but I am also for the complete separation of church and state, ESPECIALLY if churches are going to get that tax-exemption.
 

GoldenEye 007

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In Scotland religious schools are generally public schools. It's that not the case in US?
No. Quite illegal. Public schools have to be secular - but they can allow limited religious activity such as clubs or organizations. Certain public schools have tried to have prayer historically during school hours, but that's been considered illegal for the most part and instead replaced by more neutral "Moments of Silence or Reflection."

Edit: I saw someone above offered a definition of what a public school is in the US, which may differ from what is in Scotland. So yeah, state funded = public = no established religion for the school.
 

Quad Lasers

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Oct 26, 2017
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It seems comical to me that Montana had this program set up that was being largely benefitted by religious schools and then went "whoopsie doopsie none for you"

Just get rid of the stupid tax break.
 

TechnicPuppet

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Oct 28, 2017
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The term "public school" in the US means government-funded/operated (what you might call a "state school"). We call what the U.K. calls "public schools" "private schools" (schools run independently from the government). We don't really have the equivalent of U.K. "private schools" (exclusive to certain families/peoples).

Yeah I know but I mean they are like state schools. Rather than the traditional British public boarding school.