Tax dollars for religious school tuition? Supreme Court conservatives warm to the idea

The Supreme Court is weighing a case that could significantly expand religious liberties and clear the way for broader public support for religious education.

Two families from Maine asked the U.S. Supreme Court on Wednesday to expand taxpayer support for religious schools by requiring a state tuition assistance program to include sectarian as well as nonsectarian institutions.

The case, which has been closely watched by school choice advocates, could significantly expand religious liberties and clear the way for broader public support for religious education. Opponents say it risks unconstitutional entanglement of church and state.

During nearly two hours of oral arguments, the court's conservative majority of justices appeared highly receptive to the families' claims that Maine has discriminated on the basis of religion, in violation of the First Amendment, by disqualifying schools that "promote" a specific faith and teach subjects "through the lens of their faith."

"Religious discrimination is religious discrimination," said attorney Michael Bindas, representing the families. "Religious schools, after all, teach religion just as a soccer team plays soccer and a book club reads books. It's only because of religion that they are excluded."