Kerby Anderson

The Supreme Court recently ruled in favor of religious schools. The decision in Carson v. Makin written by the Chief Justice made it clear that religious parents should have the same freedom as non-religious parents. The state of Maine provided funding for parents but restricted parents from using it for religious schools.

Two earlier precedents provided the foundation for the decision. In Trinity Lutheran Church v. Comer, the court ruled that the state could not refuse a grant (used for playground resurfacing) to the church’s preschool and daycare center. In Espinoza v. Montana, the court ruled that it was constitutional to allow private-education tax credits to be used for religious schools.

While we can celebrate each of these victories, the latest criticism of the Supreme Court’s decision illustrates we have more educational work to do. Critics argue that this decision is one more attack on the “separation of church and state.” If you have been listening to my commentary for any time, you know that the phrase “separation of church and state” is not in the First Amendment.

You might be tempted to assume that people using the phrase “separation of church and state” are just people ignorant of American history and jurisprudence. But listen to the dissent written by Justice Sonia Sotomayor. “This court continues to dismantle the wall of separation between church and state that the Framers fought to build.” She says she even feared that these decisions would lead “to a place where separation of church and state is a constitutional slogan, not a constitutional commitment.”

As you can see, we have some educational work to do when even a Supreme Court justice repeats a phrase not even found in the Constitution.