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Download full textNicole Stelle Garnett; Tim Rosenberger; J. Theodore Austin – Manhattan Institute for Policy Research, 2025
When the government chooses to cooperate with private organizations to provide public services, the Supreme Court has made clear that the First Amendment prohibits religious discrimination. Three cases--"Trinity Lutheran Church of Columbia, Inc. v. Comer" (2017), "Espinoza v. Montana Department of Revenue" (2020), and…
Descriptors: Preschool Education, Religious Discrimination, Religious Schools, Educational Finance
Peer reviewed
Direct linkPreston Green; Bruce Baker; Suzanne Eckes – Peabody Journal of Education, 2024
Between 2017 and 2022, the U.S. Supreme Court examined three cases that involved states that tried to limit the use of public money to support religious-affiliated schools. The Supreme Court found a violation of the Free Exercise Clause in all three cases. Although not the focus of the Court's opinions, these cases may have created avenues for…
Descriptors: Constitutional Law, Religion, Court Litigation, Racism
Garnett, Nicole Stelle – Manhattan Institute for Policy Research, 2020
On June 30, 2020, the U.S. Supreme Court held, in "Espinoza v. Montana," that the First Amendment's Free Exercise Clause precludes states from excluding religious schools from private school choice programs. Writing for the majority, Chief Justice John Roberts concluded: "A State need not subsidize private education. But once a…
Descriptors: Charter Schools, Religious Schools, Court Litigation, School Choice
