Parents in North Carolina filed a lawsuit against the state’s voucher program on grounds that it discriminates against them because of their religious beliefs. Through the voucher program, the state sends public funds to religious schools that do not accept the children of these plaintiffs because of their religious beliefs. Therefore the plaintiffs argue that the voucher program encourages religious discrimination.

The lawsuit challenges the constitutionality of the private school voucher known as the “Opportunity Scholarship Program” established in 2013 by the North Carolina General Assembly.

Major tenets of the lawsuit are:

“The Program sends millions of taxpayer dollars to private schools without imposing any meaningful educational requirements. As implemented, many of the Program’s funds are directed to schools that divide communities on religious lines, disparage many North Carolinians’ faiths and identities, and coerce families into living under religious dictates and The Program as implemented funds discrimination on the basis of religion. Families’ ability to participate in the Program is limited by their religious beliefs and their willingness to cede control of their faith to a religious school,” The Program as implemented funds discrimination on the basis of religion. Families’ ability to participate in the Program is limited by their religious beliefs and their willingness to cede control of their faith to a religious school.

This is an interesting approach. Typically, litigants claim that they are denied access to public funds because of their religious beliefs. In this lawsuit, the litigants say they are denied access to publicly funded religious schools because of their religious faith and that the voucher program should be held unconstitutional because it discriminates against them and their children on religious grounds.