tuition

Another SCOTUS win for 'equal access,' whether most journalists realized this or not

Another SCOTUS win for 'equal access,' whether most journalists realized this or not

For a decade or more, U.S. Supreme Court justices have been arguing about the separation of church and state. What we keep seeing is a clash between two different forms of “liberalism,” with that term defined into terms of political science instead of partisan politics.

Some justices defend a concept of church-state separation that leans toward the secularism of French Revolution liberalism. The goal is for zero tax dollars to end up in the checkbooks of citizens who teach or practice traditional forms of religious doctrine (while it’s acceptable to support believers whose approach to controversial issues — think sin and salvation — mirror those of modernity).

Then there are justices who back “equal access” concepts articulated by a broad, left-right coalition that existed in the Bill Clinton era. The big idea: Religious beliefs are not a uniquely dangerous form of speech and action and, thus, should be treated in a manner similar to secular beliefs and actions. If states choose to use tax dollars to support secular beliefs and practices, they should do the same for religious beliefs and practices.

At some point, it would be constructive of journalists spotted these “equal access” concepts and traced them to back to their roots in the Clinton era (and earlier). But maybe I am being overly optimistic.

You can see these tensions, kind of, in the Associated Press coverage of the new SCOTUS decision that addressed a Maine law that provided tax funds for parents who chose secular private schools, but not those who chose religious schools. The headline of the main report stated, “Supreme Court: Religious schools must get Maine tuition aid.”

Chief Justice John Roberts wrote the opinion for the majority in this 6-3 ruling. In this story, “liberal” is used to describe the majority.

“Maine’s ‘nonsectarian’ requirement for its otherwise generally available tuition assistance payments violates the Free Exercise Clause of the First Amendment. Regardless of how the benefit and restriction are described, the program operates to identify and exclude otherwise eligible schools on the basis of their religious exercise,” Roberts wrote.

The court’s three liberal justices dissented. “This Court continues to dismantle the wall of separation between church and state that the Framers fought to build,” Justice Sonia Sotomayor wrote.


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Podcast: Faith-based colleges face coronavirus crisis (and hard identity questions, too)

What is going to happen on college and university campuses this fall?

That’s a huge question, right now, and nobody knows the answer yet. Parents and students want to know. Football fans want to know. Trustees want to know since, in the end, they’re the people who will end up trying to handle the financial fallout of the coronavirus crisis (including predictions of a second wave hitting with the flu-season in November).

But there is more to this story than COVID-19, if you have been paying close attention to higher-education trends in recent years. Leaders in higher-ed were already bracing for the year 2025 — when the enrollment surge linked to the massive millennial generation would be coming to an end.

Now, look past all of those state-funded schools — big and small. How will these trends hit private schools, including faith-based private schools. Many have been facing rising tides of red ink, and that was before the arrival of the coronavirus.

“Crossroads” host Todd Wilken and I talked about all of these issues, and more, during this week’s podcast (click here to tune that in). The hook for this discussion was my “On Religion” column for this week, which included this crucial passage:

… The coronavirus crisis is forcing students and parents to face troubling realities. A study by McKinsey & Company researchers noted: "Hunkering down at home with a laptop … is a world away from the rich on-campus life that existed in February."

What happens next? The study noted: "In the virus-recurrence and pandemic-escalation scenarios, higher-education institutions could see much less predictable yield rates (the percentage of those admitted who attend) if would-be first-year students decide to take a gap year or attend somewhere closer to home (and less costly) because of the expectation of longer-term financial challenges for their families."

This could crush some schools. In a report entitled "Dawn of the Dead," Forbes found 675 private colleges it labeled "so-called tuition-dependent schools -- meaning they squeak by year-after-year, often losing money or eating into their dwindling endowments." While it's hard to probe private-school finances, Forbes said a "significant number" of weaker schools are "nearly insolvent."

How many of America’s truly faith-defined private colleges are in that “Dawn of the Dead” list?


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