Supreme Court Opens a Path to Religious Charter Schools

[...]while Carson opened the door for religious schools to participate in the tuition-assistance program, many declined to do so because of the tension between the non-discrimination mandate and their religious commitments. Understanding Carson In rural Maine, many small school districts have no hig...

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Bibliographic Details
Published inEducation next Vol. 23; no. 2
Main Author Nicole Stelle Garnett
Format Journal Article
LanguageEnglish
Published Cambridge Education Next Institute 01.04.2023
Subjects
Charter schools
Church & state
Private schools
Religion
Religious Discrimination
School Choice
Students
Supreme Court decisions
Montana
United States > US
Maine
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Summary:[...]while Carson opened the door for religious schools to participate in the tuition-assistance program, many declined to do so because of the tension between the non-discrimination mandate and their religious commitments. Understanding Carson In rural Maine, many small school districts have no high school. Since 1873, the state has given these districts the option of permitting residents to use public funds to attend private schools. Since integrating religious and secular instruction characterizes schools in many faith traditions, asking them to stop teaching religion is tantamount to asking them to stop being religious. The state-action question is pivotal, because the Supreme Court has made clear that the Establishment Clause requires government actors, including district public schools, to be secular. [...]if charter schools are state actors, state laws requiring them to be secular are not only constitutionally permissible, but also constitutionally required.
ISSN:1539-9664
1539-9672