For a decade or more, U.S. Supreme Court justices have been arguing about the separation of church and state. What we keep seeing is a clash between two different forms of “liberalism,” with that term defined into terms of political science instead of partisan politics.
Some justices defend a concept of church-state separation that leans toward the secularism of French Revolution liberalism. The goal is for zero tax dollars to end up in the checkbooks of citizens who teach or practice traditional forms of religious doctrine (while it’s acceptable to support believers whose approach to controversial issues — think sin and salvation — mirror those of modernity).
Then there are justices who back “equal access” concepts articulated by a broad, left-right coalition that existed in the Bill Clinton era. The big idea: Religious beliefs are not a uniquely dangerous form of speech and action and, thus, should be treated in a manner similar to secular beliefs and actions. If states choose to use tax dollars to support secular beliefs and practices, they should do the same for religious beliefs and practices.
At some point, it would be constructive of journalists spotted these “equal access” concepts and traced them to back to their roots in the Clinton era (and earlier). But maybe I am being overly optimistic.
You can see these tensions, kind of, in the Associated Press coverage of the new SCOTUS decision that addressed a Maine law that provided tax funds for parents who chose secular private schools, but not those who chose religious schools. The headline of the main report stated, “Supreme Court: Religious schools must get Maine tuition aid.”
Chief Justice John Roberts wrote the opinion for the majority in this 6-3 ruling. In this story, “liberal” is used to describe the majority.
“Maine’s ‘nonsectarian’ requirement for its otherwise generally available tuition assistance payments violates the Free Exercise Clause of the First Amendment. Regardless of how the benefit and restriction are described, the program operates to identify and exclude otherwise eligible schools on the basis of their religious exercise,” Roberts wrote.
The court’s three liberal justices dissented. “This Court continues to dismantle the wall of separation between church and state that the Framers fought to build,” Justice Sonia Sotomayor wrote.
