The case for school choice is very straightforward.
- Monopoly government school systems cost a lot of money and do a bad job. The interests of the education bureaucracy rank higher than the educational needs of kids. Poor families are especially disadvantaged.
- School choice puts parents in charge. Lots of evidence, including from overseas, shows choice improves educational outcomes. And private schools cost less, so taxpayers also win.
The good news is that there was a lot of pro-choice reform in 2021.
West Virginia adopted a statewide system that is based on parental choice. And many other states expanded choice-based programs.
But 2022 may be a good year as well. That’s because the Supreme Court is considering whether to strike down state laws that restrict choice by discriminating against religious schools.
Michael Bindas of the Institute for Justice and Walter Womack of the Southern Christian Leadership Conference make the case for a level playing field in a column for the New York Times.
In 2002, the Supreme Court held that the Constitution allows school choice programs to include schools that provide religious instruction, so long as the voucher program also offers secular options. The question now before the court is whether a state may nevertheless exclude schools that provide religious instruction. The case, Carson v. Makin, …concerns Maine’s tuition assistance program. In that large and sparsely populated state, over half of the school districts have no public high schools. If a student lives in such a district, and it does not contract with another high school to educate its students, then the district must pay tuition for the student to attend the school of her or his parents’ choice. …But one type of school is off limits: a school that provides religious instruction. That may seem unconstitutional, and we argue that it is. Only last year, the Supreme Court, citing the free exercise clause of the Constitution, held that states cannot bar students in a school choice program from selecting religious schools when it allows them to choose other private schools. …The outcome will be enormously consequential for families in public schools that are failing them and will go a long way toward determining whether the most disadvantaged families can exercise the same control over the education of their children as wealthier citizens.
The Wall Street Journal editorialized on this issue earlier this week.
Maine has one of the country’s oldest educational choice systems, a tuition program for students who live in areas that don’t run schools of their own. Instead these families get to pick a school, and public funds go toward enrollment. Religious schools are excluded, however, and on Wednesday the Supreme Court will hear from parents who have closely read the First Amendment. …Maine argues it isn’t denying funds based on the religious “status” of any school… The state claims, rather, that it is merely refusing to allocate money for a “religious use,” specifically, “an education designed to proselytize and inculcate children with a particular faith.” In practice, this distinction between “status” and “use” falls apart. Think about it: Maine is happy to fund tuition at an evangelical school, as long as nothing evangelical is taught. Hmmm. …A state can’t subsidize tuition only for private schools with government-approved values, and trying to define the product as “secular education” gives away the game. …America’s Founders knew what they were doing when they wrote the First Amendment to protect religious “free exercise.”
What does the other side say?
Rachel Laser, head of Americans United for Separation of Church and State, doesn’t want religious schools to be treated equally under school choice programs.
Here’s some of her column in the Washington Post.
…two sets of parents in Maine claim that the Constitution’s promise of religious freedom actually requires the state to fund religious education at private schools with taxpayer dollars — as a substitute for public education. This interpretation flips the meaning of religious freedom on its head and threatens both true religious freedom and public education. …The problem here is even bigger than public funds paying for praying, as wrong as that is. Unlike public schools, private religious schools often do not honor civil rights protections, especially for LGBTQ people, women, students with disabilities, religious minorities and the nonreligious. …If the court were to agree with the parents, it would also be rejecting the will of three-quarters of the states, which long ago enacted clauses in their state constitutions and passed statutes specifically prohibiting public funding of religious education. …It is up to parents and religious communities to educate their children in their faith. Publicly funded schools should never serve that purpose.
These arguments are not persuasive.
The fact that many state constitutions include so-called Blaine amendments actually undermines her argument since those provisions were motivated by a desire to discriminate against parochial schools that provided education to Catholic immigrants.
And it’s definitely not clear why school choice shouldn’t include religious schools that follow religious teachings, unless she also wants to argue that student grants and loans shouldn’t go to students at Notre Dame, Brigham Young, Liberty, and other religiously affiliated colleges.
The good news is that Ms. Laser’s arguments don’t seem to be winning. Based on this report from yesterday’s Washington Post, authored by Robert Barnes, there are reasons to believe the Justices will make the right decision.
Conservatives on the Supreme Court seemed…critical of a Maine tuition program that does not allow public funds to go to schools that promote religious instruction. The case involves an unusual program in a small state that affects only a few thousand students. But it could have greater implications… The oral argument went on for nearly two hours and featured an array of hypotheticals. …But the session ended as most suspected it would, with the three liberal justices expressing support for Maine and the six conservatives skeptical that it protected religious parents from unconstitutional discrimination.
I can’t resist sharing this additional excerpt about President Biden deciding to side with teacher unions instead of students.
The Justice Department switched its position in the case after President Biden was inaugurated and now supports Maine.
But let’s not dwell on Biden’s hackery (especially since that’s a common affliction on the left).
Instead, let’s close with some uplifting thoughts about what might happen if we get a good decision from the Supreme Court when decisions are announced next year.
Maybe I’m overly optimistic, but I think we’re getting close to a tipping point. As more and more states and communities shift to choice, we will have more and more evidence that it’s a win-win for both families and taxpayers.
Which will lead to more choice programs, which will produce more helpful data.
Lather, rinse, repeat. No wonder the (hypocritical) teacher unions are so desperate to stop progress.
P.S. There’s strong evidence for school choice from nations such as Sweden, Chile, and the Netherlands.
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Image credit: Mark Fischer | CC BY-SA 2.0.
