There was a time when a religious school could not have exercised its institutional liberty to inculcate theological instruction if it wanted to receive public funds in a school choice program. Any purported Establishment Clause interest that a school district or state might have in protecting public education dollars from religious influence will not justify the refusal of funds to religious schools under a generally available program to schools. The decision is not only a tremendous boost to protecting the free and equal participation of religious schools in school choice programs, but a signal that the Establishment Clause cannot be turned against the Free Exercise Clause under a “play in the joints theory.” Institutions should not lose public support simply because they have a religious character. Here, the Court-building on recent public aid decisions-held that a generally available school choice program cannot discriminate against religious schools that also feature religious instruction as part of the curriculum. The Supreme Court put a formidable stake through the heart of 75 years’ worth of secularist jurisprudence with its recent decision in Carson v.
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