To discriminate against schools on the basis of their religious activity is to discriminate against them because of their religious identity.
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.
Kathleen Porter-Magee is the superintendent of Partnership Schools, a network of nine urban Catholic schools, seven in Harlem and the South Bronx and two in Cleveland.
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