SCOTUS Sends Church-State Cases Back to Colo., New Mexico in Light of Trinity Lutheran Pre-K Ruling
The Supreme Court has stated that state court decisions that prohibit public funding to religious schools should be reconsidered in light of a recent ruling on church-state separation. In a 7-2 decision, the court found that Missouri’s denial of a grant to Trinity Lutheran Church for a playground safety program violated the First Amendment. However, the decision’s applicability was specifically limited to the facts of the case at hand.
As a result of this ruling, the Supreme Court has thrown out lower court decisions in four related cases and has sent them back to the state Supreme Courts for further consideration. The cases involve a proposed voucher program in Douglas County, Colorado, that provides scholarships for students to attend private schools, including religious ones. The program was put on hold after it was passed by the school board.
Advocates for the separation of church and state have stated that it is routine for the Supreme Court to send cases back to lower courts for them to determine the impact of recent rulings. It remains to be seen how these cases will be decided in light of the Trinity Lutheran decision. The Supreme Court has not expressed an opinion on the outcomes of these cases.
Opponents of the voucher program in Colorado will likely rely on a provision in the Trinity Lutheran decision that limits its applicability to the playground resurfacing issue. They argue that the Colorado program, which funds religious instruction, is different from the Trinity Lutheran program, which funded a playground safety measure.
Similarly, the New Mexico case involves a state-funded textbook lending program that was challenged on the grounds of violating the state’s constitutional provision banning public funding of religious organizations. While lower courts ruled in favor of the participation of parochial schools, the New Mexico Supreme Court later reversed that decision. The advocates of the program appealed to the Supreme Court.
It is unclear what the Supreme Court’s reasoning is for remanding these cases, as they do not make their reasoning public. The outcome of these cases will depend on the state Supreme Courts’ reconsideration in light of the Trinity Lutheran ruling.
"This holds significant importance in New Mexico, particularly for students in rural or lower-income areas, as well as minority students who may not have access to top-notch schools," he stated. "I believe that this matter should be thoroughly reviewed by the New Mexico Supreme Court."
In another jurisdiction, the Montana Supreme Court is currently deliberating on whether a tax-credit scholarship program can be utilized in religious schools. The state’s revenue department, responsible for administering the program, argues that it infringes upon the state’s Blaine amendment, although lower courts have allowed it.
The New Jersey Supreme Court is also examining the eligibility of an Orthodox Jewish yeshiva and Presbyterian seminary to receive funds as part of a wider state bond that financed improvements for various higher education institutions across the state. There are also ongoing cases in several states regarding whether grants for the preservation of historic buildings can be allocated to churches or other places of worship.
Martin West, a professor of education at Harvard, highlights in his Education Next blog that while the Trinity Lutheran ruling was specific, these other cases have the potential to prompt a broader decision from the Supreme Court regarding public funding for religious schools.
"It is now left to the courts in New Mexico and Colorado to determine whether it can be justified to deny textbooks or tuition subsidies to students attending religious schools, even if denying aid for playground construction cannot. Rest assured, the Supreme Court justices will be closely observing their decisions and may soon have an opportunity to clarify their own perspectives."
