"Supreme Court says Montana program aiding private schools must be open to religious schools."


WaPo reports.
Chief Justice John G. Roberts Jr., writing for a conservative majority in the 5 to 4 ruling, said the Montana Supreme Court was wrong to strike down the program because of a provision in the state constitution that forbids public funds from going to religious institutions. The U.S. Constitution’s protection of religious freedom prevails, he said.
“A state need not subsidize private education,” Roberts wrote. “But once a state decides to do so, it cannot disqualify some private schools solely because they are religious.”
ADDED: The WaPo headline is defective. It makes it sound as though legislatures designing these programs are not allowed to exclude religion, but the question was only whether the legislature was allowed to include religion. Big difference!
AND: Here's the text of the opinion. MORE TO COME

[Author: [email protected] (Ann Althouse)]


Tags: Supreme Court, Education, Law, Montana, John Roberts, Roberts, WaPo, John G Roberts Jr, Montana Supreme Court, Religion And Government, Establishment Clause, Ann Althouse, Free Exercise Clause

Source:  http://althouse.blogspot.com/2020/06/supreme-court-says-montana-program.html




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