A Maine law that excludes families from a student aid program if they choose to send their children to religious schools is flatly unconstitutional and should be struck down, a seemingly sympathetic Supreme Court heard Dec. 8. The program at issue provides tuition assistance for students who don’t have a local public school so they can attend private institutions, as long as the funding is not used for religious education. The case is Carson v. Makin, court file 20-1088, an appeal from the U.S. Court of Appeals for the 1st Circuit. The petitioners are parents David and Amy Carson, and Troy and Angela Nelson. Respondent A. Pender Makin is being sued in her official capacity as Commissioner of the Maine Department of Education. The Biden administration supports Maine’s position. The hearing went on for 116 minutes, well over the allotted 70 minutes. The parents argue the prohibition against using taxpayer …
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