The Supreme Court distorted a Missouri law. Now taxpayers will fund religious schools

The Supreme Court’s assault on public education escalated yet again Tuesday.

Maine has a program that provides tuition assistance for students who have no public school nearby. Those students can either attend another public school or a “nonsectarian” private school.

That was too much for the court. In a 6-3 decision, it said Maine must subsidize religious school tuition if it provides any help at all.

“Maine’s decision to continue excluding religious schools from its tuition assistance program … promotes stricter separation of church and state than the Federal Constitution requires,” Chief Justice John Roberts wrote in the majority opinion.

Roberts based his opinion, in part, on a Missouri case from several years ago. In that case, a religious day care center applied for a state program that distributed shredded tires for playgrounds. The court said the tires could be distributed to the private religious day care center, an opinion we supported.

We thought, unwisely, that protecting all kids on the playground would be the end of it. We were wrong. Roberts and his colleagues now distort that decision beyond recognition, threatening the very concept of free public education.

It’s a long road from shredded tires on a playground to requiring taxpayers to support private religious schools. It’s hard to imagine a more direct assault on the separation of church and state, and the First Amendment.

“This Court continues to dismantle the wall of separation between church and state that the Framers fought to build,” Justice Sonia Sotomayor wrote in a dissent. “Today, the Court leads us to a place where separation of church and state becomes a constitutional violation.”

That, of course, is the concern. No one should doubt the fierce, unrelenting assault on public education now playing out in Missouri and Kansas, and other state legislatures. The goal is simple: Eradicate public schools in favor of religious, largely Christian institutions, with taxpayer support.

That’s what is behind the “let the money follow the student” legislation routinely discussed in both states, or vouchers, or open enrollment, or any number of attacks on public schools.

A group called Yes. Every Kid, funded largely by the Koch network, has recently sent flyers to Kansas voters supporting candidates who endorse “better options” for students. “Let’s make every option available to each and every kid,” the group’s material says.

But religious schools are already an option for each and every kid. No student is prevented from attending private religious schools in any state, including Kansas and Missouri. What should be prohibited is using taxpayer funds to subsidize that choice.

And we know why: Private schools sometimes discriminate when accepting students. The Maine private schools reviewed by the Supreme Court “admit that they discriminate against homosexuals, individuals who are transgender, and non-Christians with respect to both who they admit as students and who they hire as teachers and staff,” the state said in its brief.

Such discrimination is abhorrent. When taxpayers are compelled to endorse it, it becomes unconstitutional.

Parents worried about the quality of public schools have options. They can run for the school board. They can talk with teachers. If they want, they can hire tutors or teach at home. The way to improve public schools is to improve them, just like any other public institution.

John Roberts and five colleagues have encouraged the movement to end public schools and force kids to accept religious instruction. It’s deeply regrettable.