US Supreme Court tries to fill the gap between the Church and State

Shivani Gadhavi –

Published On: December 09, 2021 at 19:35 IST

The Supreme Court of the United States on December 8th, 2021 was receptive towards the petitioners of a case which relates to the religious freedoms of students in the State of Maine which could lessen the gap between the church and the state.

The Supreme Court Judges were hearing the arguments related to a challenge posed on a rule of the State of Maine which excludes religion-based schools from a tuition-assistance program. In the State some areas do not have public schools so the government formed a scheme which would use the taxpayer funds to pay as students’ tuition fees in private schools.

The Case is pertaining to two families, vis-a-vis the Carsons and the Nelsons, who wanted to admit their children in private religion-based schools via the aforementioned program of the State, but could not as the law ‘requires the school to be nonsectarian’ for the admission of the children.

In the case of Carson Vs Makin, the petitioners argue that this rule of the program is discriminatory and violates their First Amendment right to exercise religion freely. Earlier, a lower court had ruled against their challenge. But the Supreme Court of the United States agreed to hear their appeal.

Michael Bindas, Senior Attorney of the parents stated, “It is only because of religion that they are excluded. You can call that discrimination based on religious use. You can call it discrimination based on religious status. Call it what you will. Either way, it is discrimination based on religion and either way, it is unconstitutional.”

The Supreme Court will be hearing the arguments relating to the case in June, 2022 and will give out a decision regarding the matter.

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