Libby Sobic and Anthony LoCoco:
The U.S. Supreme Court recently held oral arguments in Carson v. Makin, a case that challenges Maine’s decision to prevent certain private religious schools from participating in its tuition benefit program for families without access to a local public high school. This case will likely provide guidance as to whether states can continue to ban religious schools from participating in publicly-funded programs on the basis of religious use of funding.
While we wait for the U.S. Supreme Court to make its determination, which could be awhile, here are three aspects of the case that Wisconsinites should know:
Wisconsin’s school choice programs are different than Maine’s tuition benefit program.
The Wisconsin Supreme Court held that the parent’s choice for the voucher, even if it is a religious private school, does not violate the Establishment Clause of the Wisconsin Constitution because the parent (not the government) is directing the dollars.
Maine’s program, on the other hand, allows parents to direct the funding to some private religious schools but chooses which schools can participate based on the use of religious curriculum. Therefore, Maine’s program is different than Wisconsin’s voucher programs because the state takes an additional step to try to determine whether state funding will be used to promote religious curriculum.