Carson v. Makin

In Carson v. Makin, Maine offered a tuition assistance program for students in rural districts without public high schools, allowing them to attend private schools, but explicitly barred funding for schools providing religious instruction. Parents David and Amy Carson challenged this exclusion, arguing it violated their First Amendment rights to free exercise of religion and free speech. The U.S. Supreme Court issued a 6-3 decision on June 21, 2022, ruling that Maine's program discriminated against religious schools. Chief Justice Roberts wrote that once a state provides a public benefit for private education, it cannot exclude schools solely because of their religious character. The Court held the exclusion unconstitutional under the Free Exercise Clause, extending the principle that religious organizations cannot be denied generally available public benefits.

The Supreme Court reversed the First Circuit, holding 6-3 that Maine's program unconstitutionally discriminated against religious schools. The case was remanded for proceedings consistent with the opinion.

Whether a state violates the First Amendment's Free Exercise and Free Speech Clauses by prohibiting students from using publicly funded tuition assistance to attend private schools that provide religious instruction.

The decision significantly advanced school choice and religious liberty, weakening strict separation of church and state. It compelled states with similar tuition programs to include religious schools, sparking debate over public funding of religious education and potentially influencing future battles over vouchers and charter schools.