Opinion | Supreme Court poised to chuck separation of church and state out the window

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Opinion | Supreme Court poised to chuck separation of church and state out the window
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Caroline Mala Corbin: Such a ruling means taxpayers will have to pay for religious indoctrination that's not only contrary to their own values, but also denies their own equality. - NBCNewsTHINK

In Trinity Lutheran, Missouri gave grants to improve children’s playgrounds. Although otherwise qualified, Missouri would not award a grant for Trinity Lutheran’s church school playground.

Espinoza presented a similar problem. In that case, the state of Montana planned to provide tax breaks to help students attend private schools but categorically excluded religious private schools. Again the Supreme Court concluded that a state was discriminating against religious schools based on their status as religious organizations.

Here, Maine is not discriminating against religious schools because of their religious status. On the contrary, any religious schools that offer an education equivalent to the one provided by Maine public schools — namely, a secular education teaching tolerance and multiple viewpoints — is. Thus, unlike in Trinity Lutheran and in Espinoza, Maine is basing its decision on religious use, not religious status.

In fact, the real discrimination problem arises if Maine were forced to fund the currently ineligible religious schools, as many

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