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A few (belated) thoughts on Espinoza (yesterday's churchs/state and private school voucher program.
1. The outcome is not unexpected given this S Ct, but it is still a huge blow for religious freedom. This Court has turned the concept of church state separation on its head.
1. The outcome is not unexpected given this S Ct, but it is still a huge blow for religious freedom. This Court has turned the concept of church state separation on its head.
2. The majority of the Ct seems to have total disdain for church state separation. They are reframing it as religious discrimination.But church state separation is at the core of religous freedom.Funding religion violates the conscience of the taxpayer & favors majority religions
3. The case is about the state no-aid clauses. They provide more separation than the US Constitution's Establishment Clause. 38 states have them. Their goal is to ensure taxpayer $ doesn't fund religion. This concept is at the core of religious freedom in this country.
4. The S Ct said MT couldn't enforce its no-aid clause in a way that prohibited religious schools from being a part of the voucher program simply because they are religious schools. This is essentially what the Trinity case said before it.
5. In other words: if a state decides to create a private school voucher program, it must include private religious schools along with private secular schools in the program. States cannot exclude schools from a voucher program based on their religious *status.*
6. The record was filled with evidence that the schools had religious admission tests & taught religion, but the Ct sidestepped the issue of whether MT could limit vouchers to only secular teachings. Thus, the case doesn't preclude states from barring religious *uses* of funds.
7. Also, this decision is limited to voucher programs--where students and parents made an independent choice about where to use their school voucher. This decision does not require states to provide funding directly to religious schools.
8. And, this case doesn't require states to adopt voucher programs. They can still make the responsible decision to reject vouchers all together and fund public schools.
9. So what's next? Religious schools now insist they should be treated the SAME when it comes to getting $$. But they'll next argue they must be treated DIFFERENTLY & get exemptions when it comes to the rules that follow the $$ (nondiscrim, curriculum, transparency, teachers)
10. As for new voucher programs - the Court has already (wrongly!) said in Zelman that the US Constitution doesn't prohibit school vouchers from funding to religious schools. So what does it mean now that the states can't limit voucher programs to secular schools?
11. DeVos' schemes are about funneling federal $$ into state voucher programs. She wants to give financial incentives to states to adopt and expand vouchers & defund their public schools. This decision will embolden her & take away barriers that prevent states from giving in.
12. The bigger effect will be in the state legislatures. It'll embolden states to pass new & expand voucher programs. You need to start paying more attention to state politics! If you care about education you must care about state and local politics. Fight voucher programs there!
13. This decision is also one more blow to our public schools, which serve 90% of our nation's students. As it paves the way for new and expanded private school voucher programs, it will simultaneously lead to less money and resources for our public schools.
14. We need to support our public schools! Private schools don't serve all our students. They can discriminate in admission. They don't provide the same civil rights protections as our public schools. They systematically exclude students with disabilities.
15. Studies of private school vouchers show they don't even improve academic achiement. In many cases students actually perform worse than their public school peers. The idea that private schools are better is a myth!
16. Also, private school vouchers were created in the 50s & 60s to defy desegregation orders. Their purpose was to defund public schools that would admit all kids & sent $$ to all white schools. Today they still add to segregation. https://bit.ly/3gjb72O
16. What can you do? Fight for public schools. Oppose new and expanded voucher programs. Fight to defund the voucher prorgrams that exist. Pay attention to state and local elections and your state sessions. Fight Betsy DeVos.
16. Pay attention to judges! We are here because the 5 S Ct Justices don't care about church/state separation & want to fund religious (Christian) schools. Trump has gotten 200 terrible onto our courts. Don't let him add more judges! Don't elect a Senate that will confirm them.
17. Fight for church state separation! It is under attack. The only way to have real religious freedom is to have church state separation. It also ensures that religion can't be used to undermine LGBTQ, repro, and other rights. Make this issue a priority when you vote.
