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Brett Kavanaugh on Education

 

 


States funding private schools must fund parochial schools

Supreme Court delivered a major victory to parents seeking state aid for their children's religious school education. The court's conservative majority ruled 5-4 that states offering scholarships to students in private schools cannot exclude religious schools from such programs.

The court stopped short of requiring states to fund religious education, ruling only that programs cannot differentiate between religious and secular private schools. "A state need not subsidize private education. But once a state decides to do so, it cannot disqualify some private schools solely because they are religious," Roberts wrote.

Roberts and other conservative justices said the no-aid policy had its roots in 19th-century anti-Catholic sentiment, that blocked religious schools from receiving public funds. Amendments in 37 states were "'born of bigotry' and 'arose at a time of pervasive hostility to the Catholic Church,'" he wrote. "Many of its state counterparts have a similarly 'shameful pedigree.'"

Source: USA Today: Concurrence on Espinosa v. Montana, No. 18-1195 , Jun 30, 2020

The wall between religious schools and states must come down

Judge Kavanaugh gave a strong hint at his views on taxpayer support for religious schools when he praised his "first judicial hero," Justice Rehnquist, for determining that the strict wall between church and state "was wrong as a matter of law and history." Mr. Rehnquist's legacy on religious issues was profound in "ensuring that religious schools and institutions could participate as equals in society and in benefits programs," Judge Kavanaugh declared at the American Enterprise Institute.
Source: N.Y.Times on lead-up to SCOTUS Confirmation Hearing , Aug 14, 2018

Other Justices on Education: Brett Kavanaugh on other issues:
Samuel Alito(since 2006)
Amy Coney Barrett(since 2020)
Stephen Breyer(since 1994)
Neil Gorsuch(since 2017)
Elena Kagan(since 2010)
Brett Kavanaugh(since 2018)
John Roberts(since 2005)
Sonia Sotomayor(since 2009)
Clarence Thomas(since 1991)

Former Justices:
Merrick Garland(nominated 2016)
Ruth Bader Ginsburg(1993-2020)
Anthony Kennedy(1988-2018)
Antonin Scalia(1986-2016)
John Paul Stevens(1975-2010)
David Souter(1990-2009)
Sandra Day O'Connor(1981-2006)
William Rehnquist(1975-2005)

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Page last updated: Oct 08, 2020