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In 1976, my first grade public school teacher in Kansas led our class pledge of allegiance every morning. he followed it up with a text God’s Prayer, (I didn’t know the words and murmured as much as I could.)
In 1983, I shared that experience with my eighth grade social studies teacher in Wisconsin. They thought that if parents wanted their children to pray in school, they should send them to a religious school and pay their tuition. Taxes, he explained, paid for public education.
Time is changing. In the courts and legislatures, advocates are pressing for requiring state and local governments to pay for religious schools either directly or through generous tax credits. But are residents prepared for a possible outcome: less money available for public schools?
A Little History: The Blaine Revision
Back in 1875, the Republican leader in the US House, Rep. James G. Blaine (R-ME), sought to expand the First Amendment. would have said;
“No State shall make any law with respect to the establishment of religion or prohibiting the free exercise thereof; and no money raised by taxation for the support of public schools in any State, or received from any public fund therefor.” nor any public land, which is under the control of any religious denomination, nor shall any money be so raised or the land so dedicated be divided between religious sects or sects.”
Blaine’s amendment to bar any tax dollars from being spent on religious schools passed in the House but narrowly failed in the Senate. However, Congress passed a law requiring new states to add Blaine-like amendments to their constitutions. Today, 37 states have this constitutional restriction – but not Maine, which became a state in 1820.
Carson vs Makin: Vouchers for Religious Secondary Education
On June 21, the US Supreme Court ruled Carson vs Makino that if Maine provides a voucher for a private school, it essential Do the same for religious schools.
Because Maine is so rural, 15 percent of its towns There is no government secondary school. To accommodate its students, Maine offers vouchers to families who enroll their children in private schools nearby. But students from religious schools were not eligible. The two families filed suit, arguing that Maine discriminated against them because of their religion. The majority of the High Court agreed.
According to the Attorney General of MaineThese religious schools still need to follow the same anti-discrimination law Followed by other participating private schools. But it will be another obstacle for religious schools, says Carol Conley, executive director of the Christian Civic League of Men. In that case, he predicts even more litigation.
Vermont, a rural state also lacking the Blaine Amendment, has a similar voucher program. but this constitution states That Vermonters cannot be forced to “support” (say, with tax dollars) a religion that “contradicts the directives of conscience.”
Peter Teachout of Vermont Law School says the state may require participating schools to comply with state and federal anti-discrimination policies. Whether proponents of public funding of religious education in Vermont, like Maine, see this as an obstacle remains to be seen.
Heel vs Michigan: 529 Savings Plans for Religious K-12 School Tuition
In my home state of Michigan, conservative advocates are trying several approaches.
of michigan constitutional provision like restrictive blain Bar Tax Dollars From Funding any Private education, whether religious or secular. it reads:
“No payment, credit, tax benefit, exemption or deduction, tuition voucher, subsidy, grant or loan of public money or property, provided directly or indirectly to support the attendance of any student or the employment of any person non-public school or in any place or institution where the students of such non-public school are given instruction wholly or partly.”
Mackinac Center Legal Foundation represents families who want to use their tax-advantaged 529 Education Savings Accounts To help pay for K-12 private school tuition, including religious schools. It is allowed under the federal tax cuts and jobs act But barred by the Constitution of Michigan. These families argue that Michigan’s 529 program discriminates against religion. their The matter is now in federal court,
let michigan kids learn Group: Scholarship Tax Credit for Religious Education
At the same time, a pro-school choice group backed by former US Secretary of Education Betsy DeVos is taking a slightly different step. It wants Michigan to allow individuals and businesses to claim tax credits up to the full amount of their contributions Private School Scholarship Fund, tax credits The religious school will be available for tuition but is capped at a total of $500 million annually.
failed to receive group one voter initiative on the November ballot but now want Republicans in the state legislature to take the measure in the fall. If it passes, Michigan Will be one of the largest tax credit scholarship programs In the US, it is second only to Florida’s program of $874 million. to date, 17 states Scholarships are tax credit programs.
Where do these developments leave taxpayers?
Regardless of what people think about the separation of church and state or the importance of religious choice in public education, their tax dollars could soon fund religious education across the country.
there are many states not likely to raise tax rates for payment of additional education expenses, so there may be less tax dollars available for traditional public education, Or, new spending on religious education could increase other state and local spending.
Taxpayers should pay attention. options in education come at a cost, If taxpayers aren’t willing to cover it, there will be winners and losers — not all students.
tax hound, published once a month, helps people outside the tax world understand tax policy by connecting tax issues to everyday concerns. Have any questions or thoughts? Email Renu.
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