Carson v. Makin
Headline: Maine’s rule blocking religious schools from receiving tuition aid is struck down, allowing parents in districts without public high schools to use state tuition assistance at religious schools.
Holding:
- Allows families to use state tuition aid at religious private schools.
- Limits states’ ability to exclude religious organizations from public benefits.
- Could prompt changes to similar aid programs nationwide.
Summary
Background
Maine offers tuition assistance to parents who live in school districts that do not operate a secondary school. Parents may pick a public or private school, but the state has long required participating private schools to be “nonsectarian.” To be approved, schools must either have New England Association of Schools and Colleges (NEASC) accreditation or Department approval under Maine law. In 1981 Maine added the nonsectarian rule, and two families seeking aid for Bangor Christian Schools and Temple Academy sued after the schools were denied payments.
Reasoning
The Court considered whether Maine can refuse otherwise available tuition aid to schools solely because they teach religion. Relying on Trinity Lutheran and Espinoza, the majority held that once a State offers a generally available benefit it may not disqualify private schools merely for being religious. The Court applied strict scrutiny, rejected Maine’s reliance on Zelman as justification for exclusion, and explained that a state anti‑establishment interest cannot justify excluding religious schools from a neutral aid program.
Real world impact
The decision lets families in qualifying Maine districts seek tuition aid for religious schools that otherwise meet program requirements, including NEASC accreditation or Department approval. States with similar tuition or scholarship programs may need to revise rules that categorically exclude religious schools. The Court noted Maine retains options—expanding its public schools, changing transportation, offering tutoring, or other measures—so lawmakers may adjust policy rather than simply eliminate aid.
Dissents or concurrances
Justices Breyer and Sotomayor dissented, emphasizing the “play in the joints” between the Free Exercise and Establishment Clauses and arguing the State may decline to fund religious instruction to avoid establishment problems. They warned about government entanglement with religion and about taxpayer objections when public dollars support schools that teach religion or make religiously based hiring and admissions decisions.
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