For nearly three-quarters of a century, one issue in education has come up before the Supreme Court more than any other: disputes over religion.
Carson v. Makin, a case about Maine’s tuition assistance program for students in districts without high schools of their own, continues the pattern – with potential consequences for schools, families, and courts across the country.
On June 21, 2022, the court ruled that parents in rural districts lacking public high schools, but who receive state aid to send their children to private schools instead, can use that money for tuition at schools with faith-based curricula. In a 6-3 order, the court held that Maine’s requirement that tuition assistance payments be used at “nonsectarian” schools violated the free exercise clause of the First Amendment because parents could not send their children to the schools of their choice.