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Thread: Supreme Court weighs mandating public funds for religious schools in Maine

  1. #41
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    Quote Originally Posted by Standing Wolf View Post
    Yes, I get it - the situation in this case is, if not actually unique, at least rare. The government at various levels has failed to establish and maintain public schools in those districts, so the taxpayers are paying the price. Nevertheless, if private schools of the non-sectarian kind are available, that would seem to be preferable to utilizing schools whose curriculum includes sectarian religious instruction. As others have noted, the more sectarian schools don't really seem to want any part of the scheme either. and one can understand why. Assuming that a reasonably accessible alternative to those schools is available to the students in question, I don't see how the parents can prevail in this instance.
    I agree, that is why I said vouchers. And in a later post clarified:

    the court should rule that state money can't go directly to religious schools. In its decisions, the court can advise the people to use the legislative process to enact vouchers so that parents can get their children into the only option available- religious schools.
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    Quote Originally Posted by Standing Wolf View Post
    [/B]

    I just Googled "high schools in Bangor, Maine" and found a list of more than a dozen schools.
    Busing to Bangor?
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    Quote Originally Posted by Dr. Who View Post
    My apologies for the misunderstanding. There certainly was no intent to insult.

    Archived: 10 Fact About K-12 Education Funding
    No state is required to accept federal funding. Federal funding is generally earmarked for specific programs. If the state doesn't feel that the programs are useful, they can choose to forego or end the funding. That would be a matter between the people of the state and their elected representatives to determine. I suspect that some of that funding leaks into budgets for school maintenance and the purchase of equipment that is also used in other programs, thus helping to keep the local education taxes down.

    In terms of the topic of public funding at issue in this thread, the federal government does not dictate to states which schools the state should fund and those that they shouldn't fund.

    Yet the Fed is involved in this one.




    The Biden administration is trying to get the case tossed on a technicality to protect its teachers’ union allies. A majority of the Court was unpersuaded by the attempt during oral arguments Wednesday and viewed Maine’s law as biased against religion.....snip~
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    Maine tried to distinguish its program from those cases Wednesday by saying its law aims to prevent taxpayer financing of formal religious instruction.
    That distinction didn’t get much traction with the justices. What matters, several justices said, is that the states can’t disfavor faith-based groups once it makes a public benefit available to all-comers.

    Several justices were bothered that Maine allows a few nominally religious private schools to participate in the voucher program. Despite their religious affiliation, those schools are eligible for vouchers as long as they don’t evangelize or lead their student bodies in regular liturgy. Chief Justice John Roberts said different religions place different priorities on evangelizing and communal worship, so Maine’s policy penalizes a particular set of religious practices.


    Justice Elena Kagan seemed to say the Court could limit its decision to the unique facts of Wednesday’s case. Public education is available almost everywhere in the country, Kagan said. The only reason Maine crafted this program is to accommodate "a very small number of students living in isolated areas," she said.


    A decision focused on the facts on the ground in Maine would limit its precedential value for future voucher cases, a hollow school choice victory the Court’s liberals might be willing to live with.


    A decision in Wednesday’s case, No. 20-1088 Carson v. Makin, is expected by summer 2022.....snip~


    Supreme Court Poised To Deliver Victory for School Choice in Religious Vouchers Case (freebeacon.com)

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    Quote Originally Posted by Peter1469 View Post
    Busing to Bangor?
    As I understand it, the Christian school these parents want to send their child to is in Bangor, as well.
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    Supreme Court says Maine cannot exclude religious schools from tuition assistance programs


    CHIEF JUSTICE ROBERTS delivered the opinion of the Court:

    ...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 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. It is so ordered.


    JUSTICE BREYER, with whom JUSTICE KAGAN joins, and with whom JUSTICE SOTOMAYOR joins except as to Part I–B, dissenting.


    https://www.supremecourt.gov/opinion...-1088_dbfi.pdf
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