Religious Schools Can Get State Tuition Aid

The Supreme Court of the United States (SCOTUS) issued a decisive victory for religious freedom and school choice this week in a 6-3 ruling in the Carson v. Makin case.

The case revolved around a Maine school-choice program that allowed parents to access taxpayer dollars for private school tuition. However, Maine attempted to prohibit parents from using the program to attend a religious school.

On Tuesday morning, the U.S. Supreme Court, in an opinion by Chief Justice John Roberts, ruled that a Maine private-school-choice statute violated the First Amendment Free Exercise of Religion, writing:

“[T]here is nothing neutral about Maine’s program. The State pays tuition for certain students at private schools— so long as the schools are not religious. That is discrimination against religion. A State’s antiestablishment interest does not justify enactments that exclude some members of the community from an otherwise generally available public benefit because of their religious exercise.”

In response to this important ruling, Kelly Shackelford, President, CEO, and Chief Counsel for First Liberty Institute said:

We are thrilled that the Court affirmed once again that religious discrimination will not be tolerated in this country. Parents in Maine, and all over the country, can now choose the best education for their kids without fearing retribution from the government. This is a great day for religious liberty in America.

Illinois Attorney General candidate David Shestokas celebrates the ruling as well, saying:

The Supreme Court affirmed this nation’s commitment to religious liberty in the case of Carson v. Makin. The court established a far reaching principle that when the government makes a benefit available it may not restrict the benefit based upon religion. While the case involved tuition assistance in schools, the principle established has the potential to extend across our civic life and keeps faith with the First Amendment’s Free Exercise Clause.

Justice Stephen Breyer wrote the dissent. In the dissent, Breyer said the majority gave too little credence to the establishment clause and too much to the free exercise clause, saying:

The Court today pays almost no attention to the words in the first Clause while giving almost exclusive attention to the words in the second. The majority also fails to recognize the ‘play in the joints’ between the two Clauses.

Yet the Chief Justice’s majority opinion ended with these three sentences:

Maine’s nonsectarian requirement for its otherwise generally available tuition assistance payments violates the Free Exercise Clause of the First Amendment. Regardless of how the benefit and restriction are described, the program, said the chief justice, operates to identify and exclude otherwise eligible schools on the basis of their religious exercise. The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.

This is not the first time the SCOTUS ruled to uphold the religious exercise clause regarding taxpayer tuition aid for religious schools. In its June 2020 decision in Espinoza v. Montana Department of Revenue, the Court struck down a state scholarship program that excluded religious schools. And in 2017, the court found in Trinity Lutheran Church of Columbia, Inc. v. Comer that a church-owned playground can be eligible for a public benefit program.

Bottom line: The government should not discriminate against citizens who would choose to use their tuition-assistance for faith-based schools schools. Carson v. Makin is a victory not just for religious freedom but also for educational choice.

On January 26th, various news outlets reported that U.S. Supreme Court Justice Stephen Breyer, who was appointed in 1994, planned to announce his retirement. This announcement was followed by multiple reports suggesting that Justice Breyer may have been ushered out by political activists/strategists within the Democratic Party. One report by FoxNews.com claimed that “groups such as Black Lives Matter and Women’s March launched an effort calling for the justice’s retirement.”

With the midterm elections just eight months away and a “red wave” predicted, time was of the essence. U.S. Senate Democrats could not afford to wait to fill the seat occupied by the oldest liberal member of the Court, even if that meant ushering Breyer out before he was ready to go.

Last Friday, President Joe Biden nominated federal appeals court Judge Ketanji Brown Jackson to fill Breyer’s seat. According to background information provided by the White House, Judge Jackson, who currently serves as a judge on the U.S. Court of Appeals for the D.C. Circuit, was born in Washington, D.C. and grew up in Miami, Florida. She earned a BA from Harvard University in 1993 (magna cum laude), and then attended Harvard Law School, graduating cum laude in 1996. Judge Jackson clerked for a variety of judges after earning her JD, and in 1999 clerked for Justice Breyer. She worked in private practice and then as a public defender.

President Barack Obama nominated Judge Jackson as vice chair of the U.S. Sentencing Commission in 2009. She was confirmed unanimously for that position by the U.S. Senate in 2010 and served there until she was nominated by President Obama for a position on the U.S. District Court for the District of Columbia. She was again confirmed by the U.S. Senate in 2013. Judge Jackson served on the District Court until 2021, when President Joe Biden nominated her for the U.S. Court of Appeals for the D.C. Circuit. The U.S. Senate again confirmed her appointment in 2021 by a 53-44 vote with three Republicans joining all 50 Democrats voting “yea:” Lindsey Graham of South Carolina, Susan Collins of Maine, and Lisa Murkowski of Alaska.

Judge Jackson is currently visiting Senators as she begins the interview process for the U.S. Supreme Court. The U.S. Senate Judiciary Committee will commence confirmation hearings. If she is confirmed by the U.S. Senate, Judge Jackson would be the second youngest justice on the court—behind Justice Amy Coney Barrett—and the first Black woman to serve as a U.S. Supreme Court Justice. Of course, President Biden publicly and proudly announced to the nation that the race and gender of his nominee were pre-qualifying conditions for his consideration. (White males need not apply.)

So, what about her judicial philosophy about the U.S. Constitution, the sanctity of life and religious freedom? Well, according to an article by law professor Jonathan Turley,

What is most notable of the statements of support for Judge Jackson is how little is said about her judicial philosophy or approach to the law. The fact is that we have a comparably thin record of opinions in comparison to recent nominees. While she obviously has opinions as a district court judge, there are few opinions that shed light on her judicial philosophy. That is not surprising for a trial judge who issues hundreds of insular decisions on trial issues or outcomes. This is not about the years of experience on the bench, which I have repeatedly noted is a great strength in the nomination. It simply means that we have fewer opinions offering substantive insights into her approach to legal interpretation. The question is whether we will learn substantially more in this confirmation.

We can hope that the confirmation hearings for Judge Jackson, which are scheduled for March 21 through 24, will flesh out more about her views on key issues and her judicial philosophy.

Kelly Shackelford, President, CEO, and Chief Counsel for First Liberty Institute has a different perspective. He isn’t waiting to sound the alarm:

In nominating Ketanji Brown Jackson, President Biden is selecting a judicial activist for the Supreme Court. Her record from the beginning of her career shows hostility to religious liberty, free speech, and other constitutional rights. The American people do not want a liberal extremist on the Supreme Court. If confirmed, Judge Jackson’s judicial activism will place the constitutional rights of all Americans in jeopardy.

Other concerns about Judge Jackson’s positions have been raised by our friends at Family Research Council and Family Policy Alliance.

Written by Michael Foust

The U.S. Supreme Court handed religious liberty advocates a victory Monday when it vacated a lower court’s opinion that had ordered a Christian baker to design a cake for a same-sex wedding.

At issue was a ruling by the Oregon Court of Appeals that upheld a state decision forcing Aaron and Melissa Klein to pay a $135,000 penalty after they refused to design a cake celebrating a wedding for a lesbian couple. The Kleins eventually closed their business, known as “Sweet Cakes by Melissa.”

The U.S. Supreme Court Tuesday issued a one-paragraph order vacating the judgment and sending it back down to the Oregon Court of Appeals.

“The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the Court of Appeals of Oregon for further consideration in light of Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n,” the unsigned order read.

Masterpiece was a 2018 ruling in which the Supreme Court sided with a Colorado baker who refused to design a wedding cake for a gay couple. Former Supreme Court Justice Anthony Kennedy ruled the Colorado Civil Rights Commission demonstrated hostility toward religion when it ordered bakery owner Jack Phillips to design the cake.

The Kleins are represented by First Liberty Institute.

“This is a victory for Aaron and Melissa Klein and for religious liberty for all Americans,” said Kelly Shackelford, president and CEO of First Liberty. “The Constitution protects speech, popular or not, from condemnation by the government. The message from the Court is clear, government hostility toward religious Americans will not be tolerated.”

First Liberty had hoped the Supreme Court would hear oral arguments and expand on its Masterpiece decision. The high court, though, punted on that decision.

First Liberty filed suit after the Oregon Bureau of Labor and Industries (BOLI) ruled the Kleins had violated a law banning discrimination based on sexual orientation. The BOLI also handed down a $135,000 penalty. The Oregon Court of Appeals ruled against the Kleins, and the Oregon Supreme Court declined to take the case.

“The State of Oregon drove Melissa and Aaron Klein out of the custom-cake business and hit them with a $135,000 penalty, because the Kleins could not in good conscience employ their artistic talents to express a message celebrating a same-sex wedding ritual,” First Liberty’s petition to the U.S. Supreme Court read.

The Kleins “opened and operated” their baker as an expression of their Christian faith,” the petition said. Further, they believe “God instituted marriage as the union of one man and one woman.”

They served all customers “regardless of sexual orientation.” They even had sold a cake to one of the lesbian complainants in the case for her mother’s marriage to a man. But they could not, the petition said, create a cake celebrating a same-sex wedding.

“The Kleins created these cakes, in part, because they wanted to celebrate weddings between one man and one woman,” the petition said. “The Kleins do not believe that other types of interpersonal unions are marriages, and they believe it is sinful to celebrate them as such.”

The state’s order violated the First Amendment, the First Liberty petition argued.

“Unless this Court enforces the First Amendment,” the petition said, “similar cases will continue to arise, as creative entrepreneurs are compelled, under the guise of public accommodations statutes, to participate in same-sex marriage rituals that violate their sincerely held religious beliefs, or – as the Kleins did – to sacrifice their livelihood.”

The Thomas More Society, Billy Graham Evangelistic Association and Cato Institute were among the groups that asked the Supreme Court to side with the Kleins. The attorneys general for 11 states also issued a friend-of-the-court brief supporting the Kleins. Those states were Texas, Alabama, Arkansas, Arizona, Louisiana, Nebraska, Nevada, Oklahoma, South Carolina, Utah and West Virginia.

This article originally posted on ChristianHeadlines.com