Carson v. Makin

Carson v. Makin (Docket 20–1088) is a pending United States Supreme Court case related to the First Amendment to the United States Constitution. It is a follow-up to Espinoza v. Montana Department of Revenue.

Carson v. Makin
Supreme Court of the United States
Argued December 8, 2021
Full case nameDavid Carson, as Parent and Next Friend of O. C., et al. v. A. Pender Makin, in her official capacity as Commissioner of the Maine Department of Education
Docket no.20-1088
ArgumentOral argument
Questions presented
Whether a state violates the religion clauses or equal protection clause of the United States Constitution by prohibiting students participating in an otherwise generally available student-aid program from choosing to use their aid to attend schools that provide religious, or "sectarian," instruction.
Court membership
Chief Justice
John Roberts
Associate Justices
Clarence Thomas · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Elena Kagan · Neil Gorsuch
Brett Kavanaugh · Amy Coney Barrett
Laws applied
U.S. Const. amend. I

Background

In many states in the United States, the state may offer tuition assistance for private schools in lieu of public schools for primary education. The Supreme Case ruled in Espinoza v. Montana Department of Revenue that if states do offer such assistance, they cannot prevent such tuition from being used for secular schools simply because the school was religious.[1]

Many towns in Maine do not have public high schools, and the state provides tuition assistance program for residents of those localities to send their children to nearby public or private schools. However, sectarian schools are excluded from this program. The Institute for Justice represents two families challenging the exclusion of sectarian schools from the program.[1]

Supreme Court

Certiorari was granted in the case on July 2, 2021.

References
  1. Howe, Amy (July 2, 2021). "Justices add one religious-rights case to docket but turn down another". SCOTUSblog. Archived from the original on July 2, 2021. Retrieved July 2, 2021.
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