ERIC Number: EJ1436051
Record Type: Journal
Publication Date: 2022
Pages: 24
Abstractor: ERIC
ISBN: N/A
ISSN: ISSN-0098-9495
EISSN: EISSN-1944-6470
Free Exercise Takes Center Stage: The Right to Court and the Right to Religion
Lenford C. Sutton; Alisa Bhattacharya; Mary Ann Schloz
Journal of Education Finance, v48 n2 p187-210 2022
Courts have been reluctant to fully embrace free exercise or equal protection claims of school choice advocates, but recent rulings may have permanently reversed that trend, potentially compelling governments to provide substantially more resources to parochial schools than ever before. The first section of this article summarizes the origin of "Compelled Support", "Blaine" clauses, the circumstances under which they were established, and related state litigation. The second, a review of "Locke v. Davey, Trinity Luther v. Comer, Espinoza v. Montana," and "Carson v. Makin," is provided to examine the U.S. Supreme Court's evolution to a full embrace of the free exercise clause, eliminating First Amendment play-in-the-joint, and declaring it unlawful for the government to exclude religious organizations participation in public education programs. The third section provides an overview of state authority on the prohibition of government spending on religious education. The next section describes selected elements of the Religious Freedom Movement, a catalyst in the political climate over school choice. Next, there is a discussion of 21st-Century Know-Nothing politics via emergence of white Christian Nationalism, its unofficial partnership with the U.S. Supreme Court supermajority, and the reshaping of America politics.
Descriptors: Religious Schools, Role of Religion, State Church Separation, Constitutional Law, Federal Government, Private School Aid, State Government, Government School Relationship, Federal Aid, Federal Legislation, State Aid, School Choice
University of Illinois Press. 1325 South Oak Street, Champaign, IL 61820-6903. Tel: 217-244-0626; Fax: 217-244-8082; e-mail: journals@uillinois.edu; Web site: http://www.press.uillinois.edu/journals.php
Publication Type: Journal Articles; Information Analyses
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Grant or Contract Numbers: N/A