“On Tuesday, the Supreme Court issued a landmark decision prohibiting government from excluding religion and religious institutions from government funding programs.
This decision in Carson v. Makin follows on the heels of two other high court decisions in the last five years emphasizing that such exclusions constitute religious discrimination prohibited under the First Amendment. But what makes this decision important is its rejection of the so-called “status-use” distinction: government may not discriminate based on the mere religious status of an institution, but could discriminate if funds would be used for a religious purpose. That distinction had left the door open for government to prevent funding, available to other private institutions, from flowing to religious institutions — and in particular religious schools. Yesterday’s opinion closes that door.”
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