By Rachel Laser
The Supreme Court’s Espinoza v. Montana Department of Revenue decision corrupts the foundational principle of church-state separation, just as Citizens United corrupted the political process. The separation of church and state is a fundamental American value that protects religious freedom for all. This court has overturned decades of precedent in an effort to privilege certain religious beliefs and have them dominate our civic life.
Forcing taxpayers to pay for private religious education – as Montana’s tax-credit voucher program does – is a fundamental violation of their religious freedom. Because religious schools are the epicenter of religious influence on the next generation, it’s imperative that the members of the faith support those schools, not the taxpayers at large.
Additionally, today’s ruling has the effect of forcing Montana taxpayers to support a program that funds discrimination. Too often, religious schools reject civil rights for women and LGBTQ people, and promulgate religiously based interpretations of science, civics and history. Ten of the 12 religious schools in Montana’s voucher program had discriminatory policies, including permitting expulsion of students who identify as LGBTQ and refusing admission to students with disabilities.
Let’s not forget that vouchers were first developed to evade integration orders and fund segregation academies specifically designed to keep black and white students apart. Even now, national data show that private schools tend to be more segregated than similarly situated public schools and enroll higher populations of white students compared to public schools. Private-school vouchers continue to increase rates of segregation in schools.
Three-quarters of state constitutions contain provisions intended to protect taxpayers from being forced to fund religion, a long-held traditional value. The Supreme Court’s decision sets a dangerous precedent, especially with concurring justices insisting that those state constitutional rules should be null and void.
Now that the Supreme Court has ruled that taxpayer-funded vouchers must fund private religious schools if they fund secular private schools, it is more important than ever that we fight to oppose all private school voucher programs. Public dollars should fund public schools, which educate 90 percent of our nation’s students. Especially now that public schools have added distance-learning and other new educational services in response to the pandemic, every public penny should be spent on helping them provide quality education. We must reject the Trump-DeVos agenda of private school voucher programs that divert desperately needed resources away from public schools in order to fund private religious instruction.
All Americans, both religious and secular, who care about religious freedom should join us in fighting vouchers and being mindful of the important role federal judges can play in securing our rights. We need more judges who unabashedly support the Constitution’s promise of separation of religion and government.”
Rachel Laser is president and CEO of Americans United for Separation of Church and State. Americans United is a religious freedom advocacy organization based in Washington, D.C. Founded in 1947, AU educates Americans about the importance of church-state separation in safeguarding religious freedom. Merrill Shapiro, a Palm Coast resident and a member of the AU board, chairs the FlaglerLive Board of Directors.
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Outsider says
Baltimore has 13 high schools, from which not one student was proficient in math, not one. They spend one of the highest amounts of money per student, yet they are failing those they are supposed to serve. The only right being denied is the right to a quality education for all Americans, in particular, of poor black Americans. This is the real plantation of modern day America: the failing public schools in the inner cities. Yet, when a viable education option is available, these kids are denied that opportunity; even President Obama denied inner city kids the right to go to charter schools, while sending his to private schools. All kids should have the opportunity to have a quality education, even a religious based education if they so desire. The Democrats have had all the control, money, and opportunity to improve those schools, and after decades of promises, the schools are still horrific. If black lives really matter, then let the inner city kids have a real chance at success.
Jane GentileYoud says
I’m gonna become a rabbi – hold services in our home ( won’t have to pay property taxes) an then form a school which only accepts females born to mother’s in New York City. Wow – lots of us down here – I’ll apply for the school voucher to pay for the deeply religious sons and daughters of New York/New Jersey females’. Ok – we’ll accept boys if we have to….. Our entire Constitution is being ripped into shreds….
Mike Cocchiola says
Up to 80% of private schools are affiliated with a specific religious institution. Taxpayers can be forced to support a religion that they do not believe in or associate with. While the U.S. Constitution does protect religious freedom, it equally protects freedom from religion.
So now it’s up to the states to decide which direction to go. They can decline to provide public tax dollars to support any private schools. Or if they choose to do so, then we get state-sponsored religious-affiliated schools.
It is up to voters now. If you vote in Republicans you get religion-based private schools. If you vote in Democrats, you get science-based public schools. Which is best for the future of education in America?
Percy's mother says
Public schools have been an utter and complete failure.
I’ll go with private schools and/or home schooling.
I would never have my children in public schools.
Public schools being “science-based” versus private schools being “religion-based”. Where’d you get that?
Rich says
Hey Mike! I am forced to pay taxes for public schools even though I don’t have children in public schools. At least in private or religious schools, children are more apt to get an education. What is your complaint? Get a life.
Dennis C Rathsam says
The reason parents choose private, & catholic schools is simple as the nose on your face! They gteat a better education, withour all the CRAP going on in our school. I never seen a board of education so screwed up! They are the biggest reason for all the problems in our schools. These morons cant even pick a principal, without DRAMA!!!! They have FAILED us, & our children. And with that, my grand daughter will attend a private, or catholic school this year! I hope everyone in Palm Coast bails out of the cities schools. Maybe then we can ellect smart caring people to the board! Educated folks who realize vaccines dont cause harm… Dont ellect more FOOLS!
Rich H. says
With a exceptions, the public school systems cannot properly educate the 90 percent of students now. Adding another 10 percent to that population would only make the existing situation even worse.
How about this plan: If you don’t have children in the public school systems, then you should NOT have to pay school taxes? Mull that idea around for awhile.
Until that idea happens, which won’t ever happen, keep paying for vouchers so at least that 10 percent of students can get a real education in a religious or private school.
Pogo says
@Yabba Dabba Doo!
https://www.youtube.com/watch?v=qpGx4foRdPw
Of course – the cranks that teach a version of natural history – verified only by Fred Flintstone – should be squandering tax money in violation of the Establishment Clause.
No – and hell no.
https://www.google.com/search?q=Establishment+clause
Tax churches – or keep their goddamn greedy noses out of government. How about that? At the very least – think about it:
https://bigthink.com/paul-ratner/why-churches-dont-pay-taxes
JohnBOY3181 says
Who’s going to private schools are also taxpayers. If you want to abolish the credits then lowered taxpayers money that have children in private schools. As far as a religious concerns that you don’t want to be taught something you don’t believe in. How about what’s her teaching in school undermining children TCM all the wrong stuff bringing religion in every form except Christianity. Bunch of crazy people
Greta says
There are some who abhor abortion and yet federal TAX dollars support Planned Parenthood https://www.washingtontimes.com/news/2020/jan/6/planned-parenthood-reports-increase-in-government-/
There are some who abhor the partisan “reporting” of NPR yet the CPB and federal agencies like the Department of Education and the Department of Commerce (TAX dollars) support NPR.
To understand the facts in this case read the published SCOTUS decision where they CLEARLY state that **DISCRIMINATION** by the government in providing educational funding does not meet constitutional muster.
Merrill S Shapiro says
Article IX of Florida’s Constitution requires:
Text of Section 1:
Public Education
(a) The education of children is a fundamental value of the people of the State of Florida. It is, therefore, a paramount duty of the state to make adequate provision for the education of all children residing within its borders. Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools that allows students to obtain a high quality education
If Tallahassee can’t fulfill the requirements here, then we need to send different people to Tallahassee to create a “high quality system of free public schools.”
hawkeye says
I always resented any of my tax money being spent on any school .I chose not to have kids over 40 years ago and dont see why I have to pay for other peoples brats to go to school . If I would have had kids I would be willing to pay for them to go to a private school,out of my own pocket,the bullshit that kids are taught in public school is a farce.
Blueskiesonly says
Where in the US Constitution says we need to pay for public schools? Public Schools should be one choice among many.