The Supreme Court Will Decide Whether Taxpayer Dollars Can Fund Religious Education
By Maureen O’Leary
In their most idealized version, public schools are a public good that yield an enormous benefit. Their open doors bring communities of students together in one place — a place where all are welcome and none are turned away.
Sometimes, the effects of insufficient resources make the reality somewhat more complicated , particularly as some government entities and leaders cut funding and resources to public schools. They seem to forget, or not care that, around the country, children are able to reap the benefits of a public school education, coming face-to-face with people of different backgrounds, ethnicities, races, religions, and so on — some for the first time in their lives. It’s important that we continue to keep these experiences at the front of our minds, because they remind us of what we stand to lose.
In Espinoza vs. Montana Department of Revenue, the Supreme Court will determine whether states can be required to divert public funds to religious and non-religious private schools.
The court will examine a 2015 Montana program which provides a $150 tax credit to individuals and businesses that donate to the state’s Student Scholarship Organizations. In its original form, these scholarships could be used to attend private, largely religious, schools.
The Montana Constitution draws a hard line between religion and government, and for this reason, the Montana Department of Revenue added a rule that the scholarships given out by these organizations could only be used at non-religious private schools. However, three Montana mothers argued in the case that their children were being discriminated against on the basis of their religion, as they attended Christian private schools and were now told that the tax credit could not be used for their institutions, while other schools were benefitting.
Espinoza vs. Montana Department of Revenue made its way to the Montana Supreme Court a few years ago, which ultimately struck down the entire program, ending the tax credit for private schools, religious or not. The plaintiffs, including Kendra Espinoza, the mother of a student at a Montana religious school, asked the Supreme Court to hear the case, and we’re now awaiting the ruling which will be made any day now.
This decision will be a significant one, as a ruling in favor of the plaintiffs could require states to include religious schools in publicly funded voucher programs. In this case, it would divert millions of tax dollars away from public schools and use taxpayer funding for religious instruction.
There are plenty of folks who would support such a ruling. In defending a similar program, Education Secretary Betsy Devos said in a statement that denying public funds to religious schools, “…only serve[s] to keep too many children away from a better education, including one that better aligns with their family’s values.”
It can’t be emphasized enough that Secretary Devos’ idea of better education is one that robs public schools of their already limited resources. More dollars for private schools means fewer dollars for public schools.
I don’t have children in public schools, nor nieces or nephews, nor brothers or sisters. But as a taxpayer and as someone who went to public schools myself, it is in my best interest that public schools remain fully funded. I want my community to be educated, especially as they grow and begin to vote on decisions that impact us all.
And so I, as a taxpayer, am happy to hand off $150 of my tax dollars so that the public school system can pay their teachers, buy new textbooks, and keep the lights on. It is in my best interest that all children have access to history and science and arts and all the things that will better equip them to contribute to their communities down the road.
However, I am not comfortable with the fact that my neighbor can hand off their $150 to private schools before the government opens its wallet. Private schools do not have to honor the same standards as public schools. Private schools can turn away children or teachers based on their religion, sexual orientation, gender identity, physical and intellectual ability and so on as their religious beliefs dictate. These schools then use education to promote their own religious doctrine — one that I, the taxpayer, may not support.
I gladly acknowledge the right of parents to send their children to religious schools. Though I attended public school, I am also a product of Sunday school and summer Bible camp. My mother saw it as a way to impart the values of her religious beliefs — beliefs that I share and cherish. But she never would have expected someone else, someone who did not share these beliefs, to foot the bill for her own religious convictions.
Public schools reflect the pluralism of our society and strive to give children equal opportunities to learn, grow, and interact with new concepts and ideas together. They empower students with critical-thinking skills, teaching them how to engage with those different than themselves with civility and respect.
This is a gift worth protecting. If we allow religious schools to dip into government funds, there may be precious little left to fulfill the promise of a public education. If we privilege the beliefs of a few over the needs of the many, we might find that, one day, there is not enough left for teachers, textbooks, or to keep the lights on.
Maureen O’Leary leads Interfaith Alliance’s education initiatives.
