Carson v. Makin changed the way that the separation of church and state worked in the same way that removing the lock from a door changes security. If Maine is required to use taxpayer dollars to cover tuition at religious schools, in what other ways can states be required to buttress religious schools? Oklahoma tried to push the envelope by starting a religious public charter school. Given Carson, doing so seemed colorably fair game. In a surprising 4-4 vote, the Supreme Court didn’t allow Oklahoma to step on whatever ragged bits of the separation clause remain.
It didn’t take long for AG Drummond to try to spin this as some win against Islamic indoctrination. Shame that the parties involved are listed on the opinion:
While this tie is effectively a win for the separation clause, it isn’t clear how long it will last. Justice Amy Coney Barrett recused herself from this case (shout out to judicial integrity), but if a similar case reaches the Court that doesn’t require her recusal, you should expect a 5-4 for [Insert State Name Here]’s religious public charter school. Will that state be some other member of the Bible Belt, Texas, or Florida? Who knows, but it is only a matter of time.
Until that day comes, rely on titles and the collection plate to fund your religious schools. It’s what the Founders™ intended.
Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s(Opens in a new window). He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who is learning to swim, is interested in critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at [email protected] and by tweet at @WritesForRent(Opens in a new window).