SCOTUS hears Maine case weighing religious ‘freedom’ vs. LGBTQ rights

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The US Supreme Court yesterday heard arguments in a case questioning the denial of state-funded tuition assistance to parents who want to send their kids to private religious schools in rural regions where there are no public high schools nearby. Tuition assistance is available for these parents should they opt for another public school, albeit at a distance, or a private school approved by the state. But the parents want their kids to go to a private school that may — and in this case does — discriminate against LGBTQ people and have the state give them financial assistance to do so.

It all comes down to state and federal laws upholding the separation of church and state. Hanging in the balance are protections against anti-LGBTQ discrimination, with a conservative-majority Court deciding the outcome.

Reports Time magazine:

The court could “eviscerate” laws that restrict public funding of religious education and open the door for taxpayer dollars to go towards religious instruction, including instruction to discriminate against LGBTQ people or people of other faiths, argues Rachel Laser, the President and CEO of the nonprofit Americans United for Separation of Church and State, which filed a brief in support of Maine with other religious and civil rights organizations.

“We’re looking at potentially another wrecking ball to the wall of separation between church and state,” says Jennifer Pizer, law and policy director for Lambda Legal, a national legal organization that advocates for LGBTQ rights. “The fundamental notion that none of us should be required to pay for other people’s practice of religion is about as basic as it gets, and yet we’re seeing, in these education contexts, that notion flipped on its head.” …

Though it is not being directly litigated, Carson also raises questions about the conflict between religious freedom and LGBTQ rights. In addition to teaching religion and instilling a “Christian worldview,” Maine alleges in court filings that both Bangor Christian and Temple Academy discriminate against people of other religions and LGBTQ teachers and students.

Read the complete Time magazine story here.

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