Some States Persecute Religious Schools and Charities, Surprisingly
Attempts to sideline religion from American public life are not new, but the reality is much more complex than conservatives typically think. In a new report by the Manhattan Institute, Notre Dame Law Professor Nicole Stelle Garnett and I uncover the rampant unconstitutional religious discrimination happening in state programs throughout the country.
The Supreme Court, in last year’s Carson v. Makin case, made it clear that states cannot exclude religious organizations or force them to secularize. However, many states, including those expected to embrace religious freedom, continue to unfairly discriminate against religious schools and charities.
Here are nine surprising offenders:
1. Virginia
Disabled students in Virginia suffer due to the state’s violation of the First Amendment. Virginia’s school districts and local governments can only contract with non-religious institutions for special education services, forcing students with religious affiliations to attend further or inferior options.
Virginia also unfairly treats religious institutions in various ways, such as excluding them from receiving funds for social services and historic preservation consideration. Even fuel used in school buses taking students to religious schools is not eligible for tax rebates.
2. Montana
Montana, like Virginia, excludes religious schools from its school bus fuel tax rebate. It also restricts work-study programs and specialty license plates for religious nonprofits.
3. Georgia
Georgia prohibits pre-kindergarten providers from giving any religious instruction and imposes restrictions on support services for high-risk students in religious schools. It even limits the generosity of its employees by excluding contributions to religious organizations.
4. Alabama
Alabama allows a moment of silence during the pre-K school day but forbids religious instruction. It also places restrictions on funding structures used for religious purposes and excludes faith-based organizations from its employees’ charitable campaign.
5. Arkansas
Arkansas restricts pre-K content to be secular and nonsectarian, and it excludes religious projects from its Small Museum Grant Program. It also prevents waterworks commissions from donating to sectarian nonprofits.
6. Oregon
Oregon goes a step further by outright banning religious organizations from its universal pre-K program. It also restricts course selections for high school and college students to nonsectarian options.
7. Florida
Florida excludes sectarian organizations from its remote learning program and scholarship programs. It also places restrictions on the content of programming provided to victims of domestic violence.
8. Missouri
Missouri has made improvements but still falls short in certain areas. It restricts the use of state loans for sectarian instruction and excludes support services for high-risk students in religious schools.
9. Indiana
Indiana prohibits students from being paid for sectarian work and excludes religious projects from its historic preservation grant program. It even regulates the religious expression of the deceased.
The Path Forward
American conservatives, often seen as defenders of religious liberty, may be surprised to find their states among the worst violators of the Carson principle. However, there is hope for change. Red states can quickly remedy these violations by amending laws or issuing opinion letters from state attorneys general. Organizations like the Becket Fund and religious liberty clinics are ready to fight for infringed religious liberties.
How does Colorado’s exclusion of religious organizations from accessing state grants impact the educational options available to families
Rictions on the ability of religious schools to receive or distribute state funds for various programs and services. Additionally, Alabama has enacted laws that prevent certain religious organizations from receiving property tax exemptions and imposes limitations on the ability of religious schools to participate in public school sports programs.
5. Maine
Maine prevents religious schools from participating in the state’s tuition assistance program, denying students the opportunity to receive financial aid for their education. This not only restricts the choices available to students and their families but also hinders the ability of religious schools to thrive and provide quality education.
6. Colorado
Colorado has implemented policies that exclude religious organizations from accessing state grants for various purposes, including private school vouchers. This discriminatory treatment restricts the educational options available to families and limits the ability of religious schools to operate and serve their communities.
7. Kentucky
Kentucky denies certain religious entities the ability to participate in the state’s foster care and adoption services. By excluding these organizations solely based on their religious affiliations, the state is preventing many children from finding loving homes and perpetuating discrimination against religious institutions.
8. Missouri
Missouri has enacted laws that restrict religious organizations from accessing state funding for various social welfare programs. This not only undermines the ability of these organizations to provide crucial support to vulnerable individuals and communities but also unfairly discriminates against them based on their religious beliefs.
9. New Mexico
New Mexico excludes religious entities from participating in various state programs and services, including the state’s textbook loan program. This denies students attending religious schools access to necessary educational resources, hindering their academic advancement and impeding the ability of religious schools to provide a well-rounded education.
These examples are just a snapshot of the religious discrimination occurring across the country. It is essential that we recognize and address these injustices to uphold the principles of religious freedom and equal treatment for all. Religious schools and charities play a vital role in our society, and they should not be unfairly excluded or disadvantaged by state programs and policies.
If we truly value religious freedom, it is necessary to ensure that government actions do not infringe upon the rights of religious institutions and individuals. The Supreme Court’s decision in Carson v. Makin reaffirmed the importance of this principle, but it is up to us as citizens to hold our states accountable and demand equal treatment and respect for religious organizations in all areas of public life.
By recognizing and addressing the unconstitutional religious discrimination occurring in our states, we can work towards a more inclusive and fair society that respects and upholds the diversity of religious beliefs and practices.
" Conservative News Daily does not always share or support the views and opinions expressed here; they are just those of the writer."
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