Abstract
In Carson v. Makin, the U.S. Supreme Court ruled that, if a state offers tuition assistance for students to attend private schools, then requiring that those private schools be nonsectarian violates the Free Exercise Clause of the First Amendment. Robert Kim discusses how this case aligns with other decisions related to the free exercise of religion as it applies to public schools and what it could mean for schools going forward. Carson v. Makin, he explains, is one of several cases that open the door for states to fund religious education. At the same time, recent cases show that these schools may be allowed to discriminate against students and teachers while continuing to receive state funds.
Published Version
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