In a recent case, The U.S. Supreme Court (SCOTUS) struck down a Maine law that discriminated against both religious liberty and parental rights.
Maine has a parental choice program that allows some parents to choose a school for their children and the state pays the tuition.
However, the law prohibited parents from choosing a religious school.
According to The Christian Post, “Maine Chief Deputy Attorney General Christopher Taub delivered arguments on behalf of the state, arguing that the program was meant to give students ‘a free public education,’ not a religious education.”
“The reason that schools that promote a particular faith are not eligible to participate is simple,” said Taub in his opening remarks last year. “Maine has determined that as a matter of public policy, public education should be religiously neutral.”
The State of Maine essentially argued that by disqualifying all religious school, they were not impermissibly discriminating against religion, they were protecting the state from religion.
Thankfully for the cause of parental freedom, U.S. Supreme Court disagreed.
Writing for the majority, Chief Justice John Roberts said, “As noted, a neutral benefit program in which public funds flow to religious organizations through the independent choices of private benefit recipients does not offend the Establishment Clause.”
He continued, “Maine’s ‘nonsectarian’ requirement for its otherwise generally available tuition assistance payments violates the Free Exercise Clause of the First Amendment. Regardless of how the benefit and restriction are described, the program operates to identify and exclude otherwise eligible schools on the basis of their religious exercise.”
This is a great decision that also connects with a recent speech by the former U.S. Attorney General William Barr who stated, according to The Federalist, “We are going through a fateful crisis in western civilization. This is the deepest crisis we’ve faced in my mind since Christ,” Barr said. “That’s because our whole civilization is based on the Judeo-Christian tradition and that tradition is under sustained attack by increasingly militant secular forces.”
“Public education was established as a melting pot that would establish a common American identity. How are the public schools doing on that front?” Barr asked, at which the audience burst into laughter.
He continued, “The curriculum is now attacking the fundamental legitimacy of our form of government and our founding documents. That’s no way to bring us together as a nation.”
He closes by saying that there is no panacea but allowing parents to choose the education of their children and having state funding follow the child is a key to addressing this critical issue.
Homeschooling is obviously a critical part of that approach. We believe that homeschooling is one of the best models for educating children and that parents should be empowered to raise and educate the next generation of leaders.
Help us in our mission of not only Keeping Texas Families Free but in providing everything they need – guidance, one-on-one help, resources, and ideas – to get started homeschooling and to stay homeschoolers throughout their students’ careers.
If you agree with us and support our mission to support parents, join THSC or become a supporter and help us stand in the gap for the families of Texas.
Subscribe to our newsletters to receive important updates.
Tim Lambert, THSC President
Tim Lambert, has been the president of the Texas Home School Coalition since 1990 and involved in homeschool leadership since 1984. He and his wife Lyndsay taught their four now-grown children at home for 16 years, graduating the last two in 2000. As the head of the organization for the leading home school state in the country, he is recognized as an authority on home education issues.
Tim has testified before numerous Texas legislative committees on issues related to homeschooling and often deals with state government agencies, including the Texas Education Agency and the Texas Department of Family and Protective Services. He has also addressed such conferences as the Texas Association of Collegiate Registrars and Admissions Officers on the topic. He holds a B.A. in political science from Texas Tech University and is active in the political arena, serving eight years as Republican National Committeeman for Texas. Tim is committed to serving the homeschooling community and to protecting parents’ right to choose the method of education of their children.
In a recent case, The U.S. Supreme Court (SCOTUS) struck down a Maine law that discriminated against both religious liberty and parental rights.
Maine has a parental choice program that allows some parents to choose a school for their children and the state pays the tuition.
However, the law prohibited parents from choosing a religious school.
According to The Christian Post, “Maine Chief Deputy Attorney General Christopher Taub delivered arguments on behalf of the state, arguing that the program was meant to give students ‘a free public education,’ not a religious education.”
“The reason that schools that promote a particular faith are not eligible to participate is simple,” said Taub in his opening remarks last year. “Maine has determined that as a matter of public policy, public education should be religiously neutral.”
The State of Maine essentially argued that by disqualifying all religious school, they were not impermissibly discriminating against religion, they were protecting the state from religion.
Thankfully for the cause of parental freedom, U.S. Supreme Court disagreed.
Writing for the majority, Chief Justice John Roberts said, “As noted, a neutral benefit program in which public funds flow to religious organizations through the independent choices of private benefit recipients does not offend the Establishment Clause.”
He continued, “Maine’s ‘nonsectarian’ requirement for its otherwise generally available tuition assistance payments violates the Free Exercise Clause of the First Amendment. Regardless of how the benefit and restriction are described, the program operates to identify and exclude otherwise eligible schools on the basis of their religious exercise.”
This is a great decision that also connects with a recent speech by the former U.S. Attorney General William Barr who stated, according to The Federalist, “We are going through a fateful crisis in western civilization. This is the deepest crisis we’ve faced in my mind since Christ,” Barr said. “That’s because our whole civilization is based on the Judeo-Christian tradition and that tradition is under sustained attack by increasingly militant secular forces.”
“Public education was established as a melting pot that would establish a common American identity. How are the public schools doing on that front?” Barr asked, at which the audience burst into laughter.
He continued, “The curriculum is now attacking the fundamental legitimacy of our form of government and our founding documents. That’s no way to bring us together as a nation.”
He closes by saying that there is no panacea but allowing parents to choose the education of their children and having state funding follow the child is a key to addressing this critical issue.
Homeschooling is obviously a critical part of that approach. We believe that homeschooling is one of the best models for educating children and that parents should be empowered to raise and educate the next generation of leaders.
Help us in our mission of not only Keeping Texas Families Free but in providing everything they need – guidance, one-on-one help, resources, and ideas – to get started homeschooling and to stay homeschoolers throughout their students’ careers.
If you agree with us and support our mission to support parents, join THSC or become a supporter and help us stand in the gap for the families of Texas.
Subscribe to our newsletters to receive important updates.
Tim Lambert, THSC President
Tim Lambert, has been the president of the Texas Home School Coalition since 1990 and involved in homeschool leadership since 1984. He and his wife Lyndsay taught their four now-grown children at home for 16 years, graduating the last two in 2000. As the head of the organization for the leading home school state in the country, he is recognized as an authority on home education issues.
Tim has testified before numerous Texas legislative committees on issues related to homeschooling and often deals with state government agencies, including the Texas Education Agency and the Texas Department of Family and Protective Services. He has also addressed such conferences as the Texas Association of Collegiate Registrars and Admissions Officers on the topic. He holds a B.A. in political science from Texas Tech University and is active in the political arena, serving eight years as Republican National Committeeman for Texas. Tim is committed to serving the homeschooling community and to protecting parents’ right to choose the method of education of their children.
