The Separation of Church and State Had a Very Bad Day at the Supreme Court

Source: The New Republic
by Matt Ford

“The First Amendment sets forth two requirements for the government when it comes to religion. On one hand, it ‘shall make no law respecting an establishment of religion,’ which is known as the Establishment clause. Nor shall it pass a law ‘prohibiting the free exercise thereof,’ which is called — you guessed it — the Free Exercise clause. What happens when these clauses are in tension with each other? In Tuesday’s decision in Carson v. Makin, the Supreme Court effectively said that the Establishment clause must typically give way to the Free Exercise clause. The 6-3 ruling, which fell along the usual ideological lines, struck down a Maine law that limits its tuition-assistance program to ‘nonsectarian’ schools.” (06/21/22)