The Jewish Home | JUNE 23, 2022
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schools, defined as those that promote a particular faith or belief system and teach material “through the lens of this faith.” Writing for the majority, Chief Justice John Roberts said Maine’s program “promotes stricter separation of church and state than the federal Constitution requires.”
they cannot exclude schools that are run by religious institutions — that have, in other words, a religious status. But that decision left unresolved the issue of whether it would matter if the schools actually offered religious instruction. The court has now answered that question, saying it doesn’t matter.
It’s O-Fish-ial The tuition program is not neutral, he said, because “the state pays tuition for certain students at private schools — so long as the schools are not religious. That is discrimination against religion.” He also noted that the state money does not go directly to schools but flows “through the independent choices of private benefit recipients.” Two years ago, in a case from Montana, the court ruled that when states make tuition money generally available,
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