SCOTUS Should Fight State Bias Against Religious Schools

Today, the Supreme Court will hear arguments in Carson v. Makin, a case that concerns whether Maine may constitutionally exclude religious schools from participating in the state’s private-school tuition-assistance program. To those who have been paying attention to recent Supreme Court decisions in this area, the answer may seem obvious: Such discrimination is unconstitutional. The Supreme Court said as much last year when it held that Montana could not exclude religious schools from participating in its own school-choice program and, before that, in 2017 when it struck down a law that offered aid only to secular nonprofit organizations in Missouri.