Its conservative majority is expanding the right to religious exercise at the expense of church-state separation AMERICA’S SUPREME COURT has long steered a careful path between the twin religion clauses of the First Amendment: the “free-exercise” clause, which requires a degree of friendliness towards religion and its adherents; and the “establishment” clause, which cautions against too much friendliness. But two big rulings in June signal that the court is increasingly minded to disregard the latter. On June 21st (in Carson v Makin ) the court’s conservative majority said taxpayer dollars in the state of Maine that subsidise tuition for some students to attend secular private schools must henceforth also flow to religious ones . On June 27th (in Kennedy v Bremerton School District ) the same six justices sided with an American-football coach who had been suspended for praying after games at the 50-yard line. How are these decisions changing America’s law of religious liberty? Common to both Carson and Kennedy are their setting—state schools—and how the court saw the constitutional infringement: as discrimination against religious believers. Parents deserve the option to send their children to religious schools on the state’s dime if funds flow to non-religious schools, Carson […]
