Carson v. Makin’s verdict brings a changed legal landscape to school choice

Last week, the Supreme Court’s 6-3 decision in Carson vs. McKinney navigated a new legal landscape for lawyers on both sides of the school choice debate.

The court ruled that excluding religious schools from a state education program in Maine was “discrimination against religion.” The program uses taxpayer dollars to help rural families who live away from a public school go to a private school instead.

Writing on behalf of the majority, Chief Justice John Roberts noted that a state does not need to fund a private, religious school, if public funding is to be extended to secular, private schools, it must also be extended to religious schools.

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