Jan Resseger writes here with her usual lucidity about the Espinoza decision, which cut another hole in Thomas Jefferson’s “wall of separation between church and state,” a long-sought goal of the radical right. To anyone who refused to vote for Hillary in 2016, this decision is yours.
Please open to read it all, along with the links.
She begins:
On Tuesday, the U.S. Supreme Court released a long awaited decision in the church-state separation case of Espinoza v. Montana Department of Revenue. Chief Justice John Roberts wrote the majority opinion in the 5-4 decision. NY Times Supreme Court reporter, Adam Liptak quotes Roberts’ argument: “‘A state need not subsidize private education…. But once a state decides to do so, it cannot disqualify some private schools solely because they are religious.’ In dissent, Justice Sonia Sotomayor said the majority opinion ‘weakens this country’s longstanding commitment to a separation of church and state beneficial to both.’”
Although historically, religious liberty and church-state cases have been decided on the basis of the First Amendment’s “establishment clause,” this week’s decision rests on what’s known as the “free exercise clause.”
In a particularly lucid explication of this week’s decision, VOX’s Ian Millhiser explains: “The First Amendment places two limits on the government’s interaction with religion: ‘Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.’… Thus, the First Amendment’s Establishment Clause limits the government’s ability to advance religion, and the free Exercise Clause limits the government’s ability to target people of faith. The government is simultaneously obligated both to stay out of religious matters and to protect the rights of the faithful—a dual obligation that courts have often found difficult to reconcile.”
Millhiser continues, explaining that Roberts’ decision rests on a 2017 precedent: “As Roberts argues in his opinion, the result in Espinoza flows from the Court’s previous decision in Trinity Lutheran Church v. Comer… which held that the state of Missouri could not exclude religious organizations from a state program that offered ‘grants to help public and private schools, nonprofit daycare centers, and other nonprofit entities purchase rubber playground surfaces made from recycled tires.’… According to Roberts, Trinity Lutheran reached the ‘unremarkable conclusion that disqualifying otherwise eligible recipients from a public benefit solely because of their religious character imposes a penalty on the free exercise of religion that triggers the most exacting scrutiny.’ Just as the Missouri recycled tires program ‘discriminated against the Church simply because of what it is—a church,’ the Montana constitution ‘bars religious schools from public benefits solely because of the religious character of the schools.’”
The current Espinoza case was brought by several mothers whose children are enrolled in the Stillwater Christian School in Kalispell, Montana. Plaintiffs were represented by—and clearly recruited by—the Institute for Justice, a far-right, libertarian law firm which, for years, has set out to challenge First Amendment protection of the separation of religion from government. In this case, the Montana Supreme Court had already partially shut down the tuition tax credit program at issue in the case. Writing for Education Dive, Linda Jacobson reports that the program will now continue: “In Montana, the ruling means the scholarship program continues because the Montana Supreme Court granted a partial stay, allowing existing scholarship funds to be distributed while awaiting the U.S. Supreme Court’s decision.”
The Espinoza decision will affect the 37 states with what are known as Blaine Amendments in their state constitutions. Jacobson explains: “The statutes are named for James G. Blaine, a U.S. representative who tried, following the Civil War, to get a bill through Congress that would have denied any aid to sectarian schools. His legislation failed, but efforts to write such language into state constitutions were clearly more successful.”
Why are supporters of public education so concerned about the implications of this case? In the first place, voucher programs drain needed tax dollars out of public schools. In Ohio, for example, a state that already permits public funds to flow to religious schools, EdChoice vouchers extract $4,650 for each elementary and middle school voucher and $6,000 for each high school voucher—right from the local public school district’s budget.
Another serious problem with vouchers is that the law protects students’ rights in public schools, but the same laws do not protect students enrolled in private schools. Writing for Slate, Mark Joseph Stern worries that now, after Espinoza: “Taxpayers in most of the country will soon start finding overtly religious education—including the indoctrination of children into a faith that might clash with their own conscience. For example, multiple schools that participate in Montana’s scholarship program inculcate students with a virulent anti-LGBTQ ideology that compares homosexuality to bestiality and incest. But many Montanans of faith believe LGBTQ people deserve respect and equality because they are made in the image of God. What does the Supreme Court have to say to Montanans who do not wish to fund religious indoctrination that contradicts their own beliefs?”
Here’s a link. https://janresseger.wordpress.com/2020/07/03/25390/
Thanks to Jan Ressenger for writing about religion. With conscience, perhaps her blog will address the ramifications of the Kristin Biel v. St.James Catholic school SCOTUS case.
Looking forward, does denial about specific religion’s political campaigns aimed at privatization and their scheming for exemption to civil rights employment law, hinder the fight for separation of church and state?
What all these money-grubbers at the temple do not grasp is this —
The wall between church and state is a two-way wall protecting both sides. The strings of public accountability and equal protection attached to public dollars remain attached. That is why private corporations, schools, universities, and so on have to certify compliance with all the appropriate regulations in their use of public funds. But the wall prevents the government from passing laws respecting establishments of religion, so they fall into a different class from private, secular institutions, which can be overseen and regulated.
This is why there is No Freedom of Religion without the Separation of Church and State.
Pastors for Texas Children has said repeatedly that the wall of separation protects religious liberty.
Jon Awbrey Nicely said: “The wall between church and state is a two-way wall protecting both sides. The strings of public accountability and equal protection attached to public dollars remain attached. . . . ”
I remember a picture of Bill Clinton back in the day where he stood holding a book by a fellow (Stephen somebody . . . cannot remember his name) who explored the church-state problem from divisions found in both extremes.
In an interview, Clinton said he held THAT book in the picture because it argued that many religious people weren’t politically active from a desire to “take over,” or to make a theocracy out of the United States (some do/some don’t); but rather that many were working out of a very real fear (at the time) of being totally marginalized and even exempted from any political, social, or cultural consideration whatsoever.
On the other side, and similarly, the fear of having one’s beloved democracy turned into a one-horse theocracy is coupled (in some) with a sometimes-quiet, sometimes-rabid desire to eliminate all-things-religious, regardless.
It seems to me that the movement FROM Jefferson’s ideas of separation of church and state TO an emphasis on the “free exercise of religion” clause is a way of temporarily mediating between those extreme fears, neither of which has been thought through very well.
On THAT, let me say THIS:
In a tribal culture, commonly it’s one-way or the highway . . . FROM religion, DOWN to the political domain, DOWN to the social domain, and on DOWN to the family domain and on DOWN further to individual persons. (One could refer to it as religious fascism, but then you would be admitting to an egregious ignorance of history.)
As persons in a civilized-secular culture, however, it’s our job to mediate those extremes that, though tempered and transformed by many means, still live in all of us. If we are lost, or if we become lost, it will be because we have lost our sense of transformation and temper, and because we have let the unmitigated extremes of our desire-fear complexes (our tribal-only selves) ON BOTH SIDES rule us.
So that, while it is true that “there is No Freedom of Religion without the Separation of Church and State,” the fear of religious meaning, coupled with a rabid desire to rid the world of religion, is a field map to just another kind of totalitarian state, a state just as deadly as theocratic states can be. (Stalin may come to mind for some on this site.) CBK
A model that merits emulation can be found in the Nordic countries.
It’s interesting to note that the right wing studiously avoids mentioning Finland, Iceland,… in their discussions.
The neoliberal and Republican discussions about the differences between private, religious and public universities are notable for the subject they avoid – the reason public universities were founded. An opportunity to attend a quality school that used neither religion nor legacy as criteria for admission compelled citizens in states formed as democracies to create public university systems.
and this is why these particular movements from those pulling Trump and Supreme Court strings feel much like a push to curtail all but one religion
I am waiting for some atheists to file a lawsuit over sending their tax dollars to religious institutions. Remember how the Catholic Church did not have to pay for birth control for employees in Catholic hospitals under the ACA. This may be a legal hornet’s nest.
Little Sisters of the Poor (it’s their birth control lawsuit) announce at their website that the birth control mandate largely remains in effect because Trump took a moderate course – exempting them as a religious organization. The Little Sisters don’t mention that the 3rd largest U.S. employer is Catholic organizations. And, with the Espinosa ruling, the number of employees of religious organizations will increase, just as envisioned by Charles Koch.
Wait for a SCOTUS ruling in Kristin Biel v. St. James Catholic school,
a related case of interest to Charles Koch.
John Roberts gets many things wrong and he is too concerned with the politics of the court’s decisions rather than the law itself. That said, he got it right when he wrote:
“The Blaine Amendment was ‘born of bigotry’ and ‘arose at a time of pervasive hostility to the Catholic Church and to Catholics in general’; many of its state counterparts have a similarly ‘shameful pedigree.’”
“Montana’s no-aid provision bars religious schools from public benefits solely because of the religious character of the schools. The provision also bars parents who wish to send their children to a religious school from those same benefits, again solely because of the religious character of the school.”
The Free Exercise Clause is a stubborn thing.
The answer is simple: There should be no tax credit program for private schools (religious or otherwise.) Such programs drain needed funds from public schools, which educate the vast majority of Americans and which this country needs to be strong.
I totally agree that public funds should not be transferred to non-public schools.
I agree that some state Blaine Anendments were written to keep public money away from Catholic schools.
However I draw your attention to the post yesterday by Steve Hinnefeld, who quoted a legal scholar noting that 10 of the no-aid-for-religious school anendments were passed long before there was a proposed Blaine amendment.
https://dianeravitch.net/2020/07/02/steve-hinnefeld-the-supreme-courts-mistaken-view-of-american-history-in-the-espinoza-decision/
“To anyone who refused to vote for Hillary in 2016, this decision is yours.”
Total horse manure! Hillary and the DNC completely choked and blew up the campaign-it almost seems as if they tried to lose. Bad candidate and a terrible job of campaigning. Arrogance and hubris thy modern paragons were Clinton/DNC in 2016.
We disagree, Duane.
James Comey sunk Hillary’s campaign with a last-minute announcement that the FBI was reopening an investigation of her emails. That turned out to be a totally false alarm. Comey threw the election to Trump, and Trump threw Comey out of his job.
It did not help that 1 million people cast spoiler votes for Jill Stein, whose campaign assured Trump’s victory.
Your analysis of the votes for Jill Stein as “spoiler” is wrong. Yes, I voted for Stein as she and the Green Party had the platform and ideas that most closely matched up with what I believe needs to be done in this country. It was not a “spoiler” vote at all. It was a vote of my conscience, nothing less or more.
And the assumption that those votes would have necessarily gone to Clinton cannot be logically verified and is an unfounded opinion.
I seriously doubt that any Trump voter went for Jill Stein.
If only half of her voters had voted for Hillary, we would have been spared Trump and his war against the environment, as well as his effort to revive the Confederacy.
If Stein really cared about the environment, she would have asked the one million who voted for her to vote for Trump.
Trump has systematically done whatever he could do unleash climate change deniers and destroy the cause of environmental action.
Stein defeated what she claimed was her cause.
Quite honestly, I have never trusted her since I saw the photo of her at Putin’s head table in Moscow, the same table where Michael Flynn was sitting.
Michigan’s union laborers who voted for Stein would have voted for the Democrat if they liked him/her but, they would not have voted Republican. There are reports that Russia funded the Facebook ads in Michigan that convinced people like my nephew, a union plumber, to vote for Stein. It’s a mistake that union members in Michigan won’t repeat in 2020, especially with the downturn in the economy.
Argh, I thought we weren’t going to rehash 2016 again. Okay, though, I suppose it’s unavoidable. So, here’s an interesting fact: More Clinton primary voters voted for McCain in 2008 than Clinton primary voters voted for Stein in 2016. Bob Dylan has an amazing new piece of lyric poetry out in which he I think sings from the point of view of the United States, called ”I Contain Multitudes”. Great song. There were multitudes of voters, each thinking multitudes of thoughts.
Now, I for one am tired of arguing with others and with myself about my decision not to vote in 2016. I still loathe the Clintons, but it’s been long enough now, I am mostly recovered, and can take ownership of the fallout of my decision. I made a mistake. People make mistakes. I make mistakes. I made a mistake. Fie. The question is what now.
Now the federal government is completely falling apart and people are dying, out of work, pepper sprayed, shot with rubber bullets and live ammunition, the KKK is parading in broad daylight, there are concentration camps… and I have to look in the mirror every day and remember that it’s partly my fault. It’s my fault because I didn’t vote for Clinton, but also because I didn’t do enough to help Sanders beat her. I regret both inactions, and have spent the last year and will spend the next four months making sure I repeat neither of them. Go Joe.
I’m sorry, that was supposed to be: More Clinton primary voters voted for McCain than Sanders voters for Stein (or Trump, if I remember correctly). I do make mistakes.
Could have, should have and would have wanted to take over the world, but they were too filled with regret to meet. We need to focus on tomorrow. We must vote for sleepy Joe who is at least sane, and not pure evil. Voter registration is way down due the pandemic, and this is not good news for the Democrats.
🙄
People have different opinions over her disastrous loss in 2016. But I agree wholeheartedly with your last sentence. DNC screwed everything. They pulled off a dirty trick to sabotage Bernie Sanders in the primary. Donna Brazile admitted that she previously forwarded the questions to Hillary before the debate.
They are the one responsible for corruption of their political platform. And they like centrist Democrats who have close ties with the Wall Street, Silicon Valley, billionaires, national intelligence, and Netanyahu’s Israel for the sake of corporate/neoliberal ideology over public common good.
I’ll admit that I’m caught in a schizophrenic mood of deep pessimism and occasional euphoric hope about our collective futures. Jan’s summation kind of embodies it. Deep despair about the decision, hope that it will finally motivate a meaningful, enduring response. Made me think of this: When I’m optimistic this song lifts me up further, a Billy Bragg song sung by the incomparable Eliza McCarthy.
“It looks like a shift to the Right
For the world we were born in
But the horizon is bright
Because yonder comes the morning”
Thanks for the link- evokes Irish music.
You’ve really expanded my exposure to musicians
Glad you liked that. It’s one of my comfort songs. If you don’t know about Billy Bragg, you should, as should any good Lefty. Here are two songs, the first has an immortal verse, “If you’ve got a blacklist, I want to be on it.” Here are two versions, the original, and another updated for the politics of the late 90s/early 2000s (pre Brexit), I’ll bet it changes every year:
And because I can’t resist, here’s a recent release of Billy’s written about COVID lockdown (as it’s called in Britain):
I’m going to change my sign to, “I’m not moving.”
The Covid song-
shared melancholy overwhelmed by hope – thanks for the link
U.S. News & World Report
Trump Pushes Racial Division, Flouts Virus Rules at Rushmore
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The Associated Press
President Donald Trump speaks at Mount Rushmore National Monument Friday, July 3, 2020, in Keystone, S.D. (AP Photo/Alex Brandon) THE ASSOCIATED PRESS
BY STEPHEN GROVES AND DARLENE SUPERVILLE, Associated Press
MOUNT RUSHMORE NATIONAL MEMORIAL, S.D. (AP) — At the foot of Mount Rushmore on the eve of Independence Day, President Donald Trump made a direct appeal to disaffected white voters four months before Election Day, accusing protesters who have pushed for racial justice of engaging in a “merciless campaign to wipe out our history.”
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NOW PLAYING……Trump rails against ”new left fascism’ at rally
Trump vows Mount Rushmore will ‘stand forever’
Trump vows Mount Rushmore will ‘stand forever’
Trump blasts ‘left wing cultural revolution’
Protesters block Mount Rushmore road before Trump visit
The president dug further into American divisions Friday, offering a discordant tone to an electorate battered by a pandemic and wounded by racial injustice following the high-profile killings of Black people. He zeroed in on the desecration by some protesters of monuments and statues across the country that honor those who have benefited from slavery, including some past presidents.
“This movement is openly attacking the legacies of every person on Mount Rushmore,” Trump said. He lamented “cancel culture” and charged that some on the political left hope to “defame our heroes, erase our values and indoctrinate our children.” He said Americans should speak proudly of their heritage and shouldn’t have to apologize for its history. (Do you think he was referring to teachers who”indoctrinate our children?).
“We will not be terrorized, we will not be demeaned, and we will not be intimidated by bad, evil people,” Trump added. “It will not happen.” (Are teachers among the bad, evil people in Trump’s mindset?).
……
During the speech, the president announced he was signing an executive order to establish the National Garden of American Heroes, a vast outdoor park that will feature the statues of the “greatest Americans to ever live.”
Trump in recent weeks has increasingly lashed out at “left-wing mobs,” used a racist epithet to refer to the coronavirus and visited the nation’s southern border to spotlight progress on his 2016 campaign promise to build a U.S.-Mexico border wall.
The event, while not a campaign rally, had the feel of one as the friendly crowd greeted Trump with chants of “Four more years!” and cheered enthusiastically as he and first lady Melania Trump took the stage.
“They think the American people are weak and soft and submissive,” Trump said. “But no, the American people are strong and proud, and they will not allow our country and all of its values, history and culture to be taken from them.”
Republican Gov. Kristi Noem echoed Trump’s attacks against his opponents who “are trying to wipe away the lessons of history.”
“Make no mistake: This is being done deliberately to discredit America’s founding principles by discrediting the individuals who formed them,” she said.
edited from US News and World Report
“Dangers of”
NASCCD- The National Association of State Catholic Conferences- “a church agency representing the dioceses and eparchies within a state to provide for the coordination of the public policy concerns of the church. State Catholic Conferences communicate with state governments,…”
Conferences- registered lobbyists?
The billionaires who fund legal cases that result in theft of community money won’t stop of their own accord.
Churches, paid off in stolen funds, have members and, it is their acquiescence that plays substantial part in destroying American democracy. The church members are party to Trump’s photo ops at shrines and at evangelical churches.
Where are the protesters who ought to be in front of bishops and pastors’ homes, in front of the offices of state religious conferences?
Churches are an important part of communities. Why all the hate. Happy Birthday America!! It’s okay to love your country, warts and all! Try it.
jacquilen Though we all have to continue to work on warts in ourselves, in influential groups, and in our policy makers, your point is still well taken.
A group of individuals (religious or otherwise) in a democracy are known by historians as having more power than lone individuals; and they provide an important coalescence of voices for policy-makers to hear from “the people. Also, no one says groups or their relationship with policymakers cannot become corrupt . . . they have, they do and the probably will until history ends.
The point is that groups also have done, and will continue to do much good. They don’t always advertise the good that they do, or go around bragging about it; however, in many groups, doing the good for others and taking no credit for it is their mission and their intent.
Catholicism is my own church affiliation; and I know that, despite the obvious “warts,” the Church has done and regularly does huge good, in every direction, in our country and, indeed, in the world. Google can point anyone who wants to know about it in a study of that good that any group does. The below link is but one example from my own affiliation.
Subject: Website for Catholic Charities . . . affordable housing
https://www.catholiccharitiesusa.org/our-ministry/affordable-housing/
Churches are an important part of communities. Why all the hate. Happy Birthday America!! It’s okay to love your country, warts and all! Try it.
We prefer to get rid of the warts.
Jacqui-
When you meet your maker and he has taken the form of a black man, you good with him judging you?
Jacqui-
China wants you to move to Hong Kong.
I guess if you cancel Thomas Jefferson, you cancel the wall of separation. Congratulations
The “you” is the alliance of priests with despots, in all ages, in all countries. Knights of Columbus was headed by a former legislative aide to Jesse Helms well before George Floyd was murdered.