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Constitutional Law Keyed to Maggs
Carson as next friend of O.C. v Makin
Citation:
142 S. Ct. 1987, 213 L. Ed. 2d 200 (2022)Facts
Maine’s Constitution guarantees all children a free public education, but over half of Maine’s 260 school administrative units do not operate their own secondary schools due to rural geography and low population density. To fulfill its constitutional obligation, Maine created a tuition assistance program allowing parents in these districts to direct payments to public or approved private schools. Since 1981, Maine limited this assistance to nonsectarian schools. Petitioners David Carson and Troy Nelson sought to use tuition assistance for Bangor Christian Schools and Temple Academy, respectively. Both schools are accredited by the New England Association of Schools and Colleges but are deemed sectarian because they promote Christian beliefs and present academic material through a religious lens. BCS’s educational objectives include leading students to trust Christ as their personal savior and developing a Christian worldview, with religious instruction completely intertwined with academics. Temple Academy similarly provides biblically-integrated education using Scripture in every subject. The families sued, arguing Maine’s nonsectarian requirement violated the Free Exercise Clause, Establishment Clause, and Equal Protection Clause.
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