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SCOTUS| Maine Department of Education’s ‘non-sectarian requirement’ for tuition assistance payments, is violative of US Constitution’s First Amendment

Supreme Court of The United States

Supreme Court of The United States

Supreme Court of The United States (SCOTUS): While deciding the instant petition wherein the Maine Department of Education (hereinafter the Department) was sued for instituting a requisite for schools to be “nonsectarian” in order to be eligible for tuition assistance; the SCOTUS, with a ratio of 6: 3 held that the ‘non-sectarian requirement’ for tuition assistance payments is violative of the First Amendment’s Free Exercise Clause.   

 

Facts of the Case: The State of Maine had enacted a program of tuition assistance for parents who live in school districts which – neither operate a secondary school of their own nor contract with a particular school in another district. Under this program, parents designate the secondary school they would like their children to attend, and the school district transmits payments to that school to help meet the cost of tuition.  

The private schools under the program should meet certain criteria to be eligible to receive tuition payments. The requirement includes either accreditation from the New England Association of Schools and Colleges (hereinafter NEASC) or approval from the Maine Department of Education. However, since 1981, Maine has limited the tuition assistance payments to “nonsectarian” (secular) schools.    

The petitioners sought tuition assistance to send their children to Bangor Christian Schools (BCS) and Temple Academy. Although both schools are accredited by NEASC, they however, do not qualify as “nonsectarian” and are thus ineligible to receive tuition payments under Maine’s tuition assistance program.   

 

Observations by the Majority: The majority opinion was delivered by John Roberts, CJ., in which Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, Samuel Alito and Amy Coney Barrett, JJ., joined. 

 

The Dissent: Stephen Breyer, J., delivered his dissenting opinion in which Elena Kagan, J., joined. Justice Sonia Sotomayor also filed her dissenting opinion.  

 

Sonia Sotomayor, J., in her dissenting opinion, observed that the majority’s decision will dismantle the wall separating church and state that the Framers fought to build. She also noted that the majority decision leads America to a place where separation of church and state becomes a constitutional violation. “If a State cannot offer subsidies to its citizens without being required to fund religious exercise, any State that values its historic anti-establishment interests more than this Court does will have to curtail the support it offers to its citizens”.   

[Carson v. Makin, No. 20–1088, decided on 21-06-2022]   


*Sucheta Sarkar, Editorial Assistant has prepared this brief. 


            

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