Archives for category: Religion

Susan Edelman, investigative reporter on education issues, reports on emails showing that New York City Mayor Bill de Blasio made a deal with Orthodox Jewish leaders—a powerful voting bloc in the city and state politics—to stall an investigation of shoddy yeshivas in exchange for their support in the state legislature renewing mayoral control of the New York City public schools.

Edelman writes:

Mayor Bill de Blasio was personally involved in a deal with Orthodox Jewish leaders to delay a long-awaited report on shoddy yeshivas in exchange for an extension of mayoral control of city schools, emails obtained by The Post show.

Internal emails among de Blasio and his top aides at City Hall and the Department of Education reveal that the mayor made key phone calls to the powerful religious leaders to clinch the support of two state lawmakers voting on his power to run the nation’s largest school system.

“These internal communications reveal what we suspected all along: Mayor de Blasio abused his power by interfering with the yeshiva investigation,” said Nafuli Moster, founder and executive director of Young Advocates for Fair Education (YAFFED). The group filed complaints against 39 Brooklyn yeshivas in July 2015 for allegedly shortchanging children on secular subjects such as math, English, science and history.

The DOE launched an investigation of the yeshivas, but as it dragged on, critics charged City Hall was delaying the probe to curry favor with the Orthodox Jewish voting bloc.

Even an investigation of the mayor’s suspected interference was stalled, whistle-blowers told The Post. In response to that complaint, the Department of Investigation and the Special Commissioner of Investigation for city schools finally issued a report last December confirming “political horsetrading” on the mayoral control issue.

YAFFED—an organization of former yeshiva students—has lodged complaints against many yeshivas for failing to prepare students to live in modern society while collecting millions of dollars in city and state funding.

Peter Greene reports here on a conference call that Catholic leaders held with the execrable Trump.

He promised them unparalleled financial support for Catholic schools, and they promised their support to the man who separates families and puts children in cages.

It was a nasty, revolting transaction.

Greene links to the National Catholic Education Reporter, which says that the transaction was really about abortion, and Catholic schools (which have been destroyed by charter schools claiming to offer the same things as Catholic schools but for free). It’s editorial says:

This unholy alliance with Trump, coupled with the GOP stacking of the Supreme Court, may get the bishops the abortion ban they so covet, but it will not end the debate. They may even get the federal money they desperately need to extend the fading life of Catholic schools. But all of it will have been purchased at the expense of a whole range of other life and justice issues.

It will have been purchased in concert with a president whose primary modus operandi is that of a bully devoid of empathy or concern for the common good. If one actually believes Trump’s current gushing about Catholic schools and the right to life, Dolan might also be offered a great deal on a bridge somewhere in the vicinity of the cathedral.

It need not be this way. The bishops themselves, in the conclusion to “Faithful Citizenship,” describe a different approach. It is worth repeating the points here:

“The Church is involved in the political process but is not partisan. The Church cannot champion any candidate or party.”

“The Church is engaged in the political process but should not be used. We welcome dialogue with political leaders and candidates; we seek to engage and persuade public officials. Events and photo ops cannot substitute for serious dialogue.”

“The Church is principled but not ideological.”

The Catholic bishops’ uncritical alliance with Republicans and Trump obliterates those principles and allows Catholics to dismiss the document as lacking any serious intent.

The alliance also further distances the church from any leverage it might otherwise possess on a host of issues on the Catholic social justice agenda deeply affecting life of the vulnerable and marginalized, as well as from any hope of brokering modifications to abortion on demand with Democrats.

The Catholic voice, capable of a priceless contribution to the public conversation, has been sold for cheap to political hucksters.

In an editorial in late January, the National Catholic Education Reporter lacerated the leadership of the Roman Catholic churchfor its alliance with Trump, who has no religion and no convictions.

Its editorial said then:

The selling of the church’s moral authority is complete. When someone so morally bankrupt and demonstrably anti-life as Trump, a misogynist who brags about assaulting women and whose primary interaction with others is to demean and degrade, can command the obeisance of the nation’s Catholic leaders, the moral tank has been emptied. A few Franciscan friars on the periphery provided the rare witness that being pro-life for Catholics requires far more than opposing abortion.

The display on the mall drains the phrase “pro-life” of meaning and sells the church even deeper into service of an ideology that severely diminishes Catholicism as a credible moral force in the larger culture.

The church’s credibility was sold to the highest political bidder and the chief auctioneer banged the gavel down on the final deal.

Trump is interested only in transactions. He hasn’t a gnat’s understanding of transformation, of persuasion that doesn’t involve his idea of a deal. His words on the mall and the cynical use of the Vatican in Vice President Mike Pence’s call-in from Rome sealed this wretched transaction.

The Catholic Church in the United States has been used and manipulated by the era’s most unconscionable con artist. He wanted your faces, your shouts of support, what will undoubtedly become in his universe “the biggest assembly of Catholics ever for any president in history!”

He’s got the images he needs. It won’t be the last time you’ll see them. Welcome to his campaign.

Listening to educators and the state school board, Governor Gary Herbert vetoed a voucher program for students with special needs.

Critics pointed out that the state has had a. Oh her program for students with special needs for 15 years and doesn’t need another one. They also noted that Utah had a state referendum in 2007, and the public voted overwhelmingly against vouchers.

The voucher advocates always begin their campaign by seeking vouchers for children with special needs, even though private schools receiving vouchers are exempt from the federal protections for these students. In this case, Utah has long had such a program. But in other states, such as Florida and Arizona, ouches for students with disabilities is the prelude to many more requests, each targeted to a new group. The ultimate goal is universal vouchers, with no limitations. The size of the voucher is always far less than the tuition at high-quality private schools, but a much-welcome subsidy for those already enrolled in religious schools.

Ed Johnson, a Georgian who puts a high value on intelligence and thoughtful decision making, writes about the conflict among some of his fellow Georgians. Should they listen to God or science? Johnson doesn’t think that one has to choose. God is not in opposition to science. God and science walk together. God wants people to learn about COVID-19 and take care of themselves.

Will they listen?

Did you know that the Trump Cabinet has its own Bible teacher?

His name is Ralph Drollinger, and he is bigoted and hard of hearts.

He wrote recently that the COVID-19 pandemic is an expression of God’s wrath.

Why is a God angry? Gays, environmentalists, and other groups that Drollinger doesn’t like.

He obviously thinks he knows what God thinks.

And he thinks he is God’s spokesman on earth.

This is a combination of bigotry and stupidity.

Stephen Dyer of Innovation Ohio is a former legislator and is currently the most astute analyst of the legislature’s efforts to undermine public education.

In this post, he describes the legislature’s current approach to vouchers.

He writes:

Yesterday, Ohio’s legislature passed their COVID-19 emergency package. And while there were some much needed and positive things in it (no standardized tests this year, no report cards), the bill also settled the contentious debate over what to do with next year’s EdChoice perofrmance-based voucher program.

A bit of background. Next year, due to legislative changes, 1,227 school buildings would have been labeled by the state as “failing”. Families with students in those buildings could therefore receive publicly subsidized private school tuition vouchers to leave these schools. The problem for districts is the way this program is funded, the state removes state revenue meant for the students in the districts and instead provides a private tuition subsidy — an amount that on average is abot $1,300 more per pupil than the student would have received from the state if he or she had remained in the school district. This forces many districts to use local revenue to make up the difference.

Also, it is obvious that more than 1/3 of Ohio school buildings are not “failing” students, as the current 1,227 building calculation would conclude. And legislators on all sides of the aisle agreed that the state report card that made this determination is fatally flawed.

However, families were gearing up by Feb. 1 to request vouchers for next school year based on the expanded school building list. The legislature put off that deadline to April 1 and included $10 million in state funding to help offset the cost of increased vouchers. They were hoping to hash out a plan to address this issue before that date.

Then COVID-19 hit and everything changed.

The solution included in yesterday’s bill was essentially freezing the number of buildings at this year’s 500+ buildings, and limiting new vouchers to siblings of current recipients and incoming kindergarten students, as well as any 8th graders who want to take the voucher in high school.

But it’s all based on this current school year’s building list — which is still about double the amount of the 2018-2019 school year, but is far fewer than the 1,227 it could have been.

This solution also did not include the $10 million state infusion to help districts cope with the increase in vouchers.

So the immediate question became: Will this “freeze” really be a cost-neutral freeze on the program? Or do we still need an infusion of state cash to offset new vouchers?

Looking at the data, it appears we could be looking at an increase in voucher funding next year, but it could also be cost neutral. It all depends on how the math works out.

According to the latest state funding printouts, there are currently 3,264 kindergarten voucher students. In addition, there are an average of 2,324 voucher students in 12th grade this year.

The kindergarten students cost $4,650 per year. The 2,324 12th graders cost $6,000 a year.

When advocates of vouchers assert that all children should have the “same choices” as rich people, they are lying. The private schools that Trump, Gates, and others of their wealth choose do not charge $6,000 a year. They charge $30,000-$60,000 a year.

Ohio is offering a subsidy to religious schools, including to children who have never attended a public schools. These schools do not necessarily require that teachers are certified. The education they offer is typically inferior to public education.

Ninety percent of the children of Ohio choose to attend public schools. Their legislators ignore them.

Katherine Stewart is the author of a new book, The Power Worshippers: Inside the Dangerous Rise of Religious Nationalism. This article, which appeared as an opinion piece in the New York Times, is essential reading to understand the Trump-supported effort to eliminate the separation of church and state, to give religious organizations the right to discriminate against those they do not like, and to open government funding to religious groups. The U.S. Supreme Court will rule in a case called Espinoza v. Montana this spring, a crucial case that gives the conservative Court an opportunity to compel public funding of religious schools. It is a curious fact that libertarians like the DeVos family and the Koch family oppose almost every form of government funding (Social Security, Medicare) except for government money for religious schools.

She writes:

Many Americans know by now that when Christian nationalists talk about “religious freedom” they are really asking for the privilege to impose their religion on other people. What Americans may not yet understand is that they are also demanding money from taxpayers to do so.

Long before Donald Trump hitched his political fortunes to the Christian right, previous Republican administrations had primed the pumps that would send public money flowing toward religious organizations.

In 2002, the George W. Bush administration increased the flow of federal money to faith-based organizations providing services on behalf of the government. Mr. Bush himself insisted that these organizations would not be permitted to discriminate. But in fact the new method of faith-based funding invited the risk of discrimination and the erosion of church-state separation.

The Obama administration, responding to these concerns, put in place provisions to ensure that members of the public were not subject to discrimination on the basis of religious belief or unwanted proselytizing. The provisions also required that users of church-sponsored social programs be made aware of nonsectarian options.

The Trump administration is now proposing to eliminate these Obama-era safeguards. And true to form, they did so earlier this year, on the increasingly Orwellian-sounding annual Religious Freedom Day in January.

One purpose of the new proposed regulations is to make sure that organizations receiving taxpayer money are exempt from the kinds of anti-discrimination law by which nonreligious organizations must abide. If that sounds like a violation of the Establishment Clause of the First Amendment, that’s because it is — or at least it should be.

Under the proposed regulations, faith-based aid organizations that receive public money are free to hire and fire their workers and subcontractors on account of their religion, sexual orientation, or any other behavior or characteristic that the organization finds religiously appealing or objectionable. Aid-providing organizations will no longer have any obligation to let members of the public receiving their services know if there are available nonsectarian options. Organizations that receive their money through vouchers and other forms of indirect aid can now proselytize, require that recipients participate in religious activities or ask that recipients pledge their loyalty to Jesus. And the government itself is no longer required to offer a nonsectarian option for those whose beliefs or conscience make it impossible for them to accept aid on these terms.

“The proposed rules would strip away religious freedom protections from people, often the most vulnerable and marginalized, and even allow faith-based organizations to discriminate in government-funded programs,” Rachel Laser, president and chief executive of Americans United for Separation of Church and State, told me. She added that this puts the interests of these organizations “ahead of the needs of the people seeking critical services.”

Why is the Trump administration so determined to tear down the wall of separation between church and state? The long game is clear: because that’s the way you “take back America” and make it a Christian nation.

But the short game is more relevant now. There is a pile of public money on the other side of the wall that separates church and state, and Christian nationalists are determined to grab it (and to hold on to what they have already grabbed).

These kinds of pro-discrimination rules are bound to cause harm. There may be a woman who loses her job at a faith-based service provider because she is “living in sin” with her partner. There may be people seeking counseling services who will forgo the help they need because it is offered only in conservative Christian health care settings and is staffed with Christian-only providers, all of whom claim to be living in conformity with a “Bible lifestyle.”

There will be some minority-religion providers — a Jewish soup kitchen here, a Muslim job-training initiative there — that will defend the new rules and claim to benefit from them. But they will serve, in effect, as strategic cover, lending the appearance of diversity to a movement that ties the idea of America to specific conservative religious and cultural identities.

Legitimizing these forms of discrimination is itself a grotesque violation of whatever it is that we actually mean by religious freedom. But that’s the point, as far as Mr. Trump and his Christian nationalist allies are concerned. The religious rights of the larger American public are collateral damage in a war of conquest aimed squarely at the public coffers.

To grasp the motivation for the Trump administration in promulgating “religious freedom,” it helps to review a little Supreme Court history. In 2017, the Trinity Lutheran Church of Columbia, Mo., brought a case in which the church claimed that it had an equal claim to government grants for purchasing materials to upgrade its playground.

At the time, many commentators raised a concern that the case was really just a device for eliminating Establishment Clause concerns from decisions affecting the public funding of religious institutions and activities. Lawyers from conservative Christian legal organizations, including the Alliance Defending Freedom, argued that refusing to allocate public money to religious institutions amounted to discrimination against religion. This theory, if it takes hold in law, significantly weakens the Establishment Clause. If withholding taxpayer money from religious institutions amounts to discrimination, then the taxpayer has no choice but to fund religion.

Some important things to know about today’s Christian nationalist movement: It doesn’t believe in the First Amendment as we usually understand it and as our founders intended it. It doesn’t believe that the government should make no law respecting an establishment of religion. It also takes a dim view of government assistance — unless the money passes through churches first. Politically connected religious leaders like Ralph Drollinger of Capitol Ministries, whose White House Bible study has been attended by at least 10 current and former members of Mr. Trump’s cabinet, maintains that social welfare programs have no basis in scripture. “The responsibility to meet the needs of the poor lies first with the husband in a marriage, secondly with the family (if the husband is absent), and thirdly with the church,” Mr. Drollinger has written. “Again, nowhere does God command the institutions of government or commerce to fully support those with genuine needs.”

These ideas are shared by David Barton, a historical revisionist who sits on the boards of an array of Christian nationalist legislative and data initiatives, pastoral networks and other influential groups. Mr. Barton has argued that the Bible and God himself oppose progressive income taxes, capital gains taxes and minimum wage laws. “Since sinful man tends to live in bondage, different forms of slavery have replaced the more obvious system of past centuries,” according to an essay posted to Mr. Barton’s WallBuilders website titled “The Bible, Slavery and America’s Founders.” “The state has assumed the role of master for many, providing aid and assistance, and with it more and more control, to those unable to provide for themselves. The only solution to slavery is the liberty of the Gospel.”

While these activists rail against direct government aid to the poor, they are eager to increase the flow of government handouts to churches and religious groups who may then provide the aid themselves, but without adherence to nondiscrimination law. As a further bonus, when the money gets funneled to religious organizations, some of it then can then be pumped back into the right-wing political machine through religious organizations and the policy groups they support, which act as de facto partisan political cells.

In order to understand the game that Christian nationalists are playing, it’s important to remember that the First Amendment has two clauses concerning religion: one that guarantees the freedom to exercise religion and one that prohibits the government from establishing any religion. What the framers understood is that these two come as a pair; they are necessarily connected. We are free to exercise religion precisely because the government refrains from establishing religion.

At present, the Christian nationalist movement has substantial sources of support in the form of access to wealthy donors and robust donor-advised charities. It also has a large base of supporters who make large numbers of small contributions. But leaders of the movement know that their bread will have a lot more butter if it comes from the government. They already receive significant funding indirectly from taxpayers in the form of deductions and exemptions. They are determined to secure these extra funds, and they are immensely fearful of losing them, especially if a pluralistic society decides to do something about the fact that its tax dollars are being used to fund groups that actively promote discrimination against many citizens and support radical political agendas.

In the future, if the Trump administration has its way, the current flow of taxpayer money to religious organizations may well look like the trickle before the flood. Religious nationalists dream of a time when most or all social welfare services pass through the hands of religious entities. They imagine a future in which a young woman seeking advice on reproductive health care will have nowhere to turn but a state-funded, church-operated network of “counseling” centers that will tell her she will go to hell if she doesn’t have the baby.

The discrimination against individuals and the misuse of public money that the Trump administration’s proposed regulations would allow is bad enough. But these are far from the worst consequences of this kind of assault on the separation of church and state. The most profound danger here is to the deep structure of American society and politics.

In 1786, when Thomas Jefferson and James Madison pushed through the Virginia Statute for Religious Freedom that Religious Freedom Day commemorates, the issue that motivated them and that brought evangelical Christians at the time over to their side was a detested tax imposed on all Virginians to pay for the church services demanded by the established church. “To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical,” Jefferson wrote. “No man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever.”

It is ironic, then, that the Trump administration’s religious freedom initiative seeks to fund religious organizations with taxpayer money. But what makes this particularly dangerous is that the same money in many cases goes to churches and religious organizations that are increasingly and aggressively asserting themselves in partisan politics, and that happen to support Mr. Trump. As Jefferson and Madison understood, the destruction of the wall that separates church and state corrupts politics just as surely as it corrupts religion.

Tom Ultican loved Katherine Stewart’s new book, The Power Worshippers: Inside the Dangerous Rise of Religious Nationalism, and he thinks you will too. I have the book but, due to my travels, have not had a chance to read it yet. So I’m grateful for his review.

He begins:

Katherine Stewart’s The Power Worshippers: Inside the Dangerous Rise of Religious Nationalism is a brilliant piece of investigative journalism. It shines a light on significant threats to American pluralism and representative democracy. The religious rights amazing successes now influence every aspect of American life, from the White House to local governments, from schools to hospitals. Stewart documents the origins of “the Russia thing” and the evangelical embrace of Donald Trump. She clarifies that the Christian right is not fighting a culture war; it is a political war waged against the institutions of American democracy and freedom of conscience.

Trump is a Gift from God

Ralph Drollinger: “I started sending him my Bible studies when he was running his campaign and Trump has been writing notes back to me ever since, in a positive sense. He likes loyalty.”

Paula White about Trump: “It is God that raises up a king.”

Franklin Graham on Trump’s election: “God’s had intervened.”

David Barton called Trump: “God’s guy.”

Sarah Huckabee Sanders claimed God: “wanted Trump to become president.”

Ralph Reed stated: “There has never been anyone who has defended us and fought for us who we have loved more than Donald J. Trump.”

Rick Ridings said when he asked God how the nation will learn to change: “The Lord said, ‘It must play, the Trump card.’”

Ed Martin stated: “The Donald Trump administration has been a blessing on America like we’ve never seen.”

These sentiments are expressed by leaders of Christian Nationalism throughout this book. If you don’t recognize some of the names, it is important to understand that they are having a large influence on education, social justice and foreign policy in America and beyond. Stewart brings them out of the shadows and illuminates their roles.

Public Education, Environmentalism and Social Welfare are Evil

Pastor D. James Kennedy asserted that children in Public Schools were being “brainwashed in Godless secularism.” In 2003, the DeVos family’s Christian Reformed Church warned that “not only does there exist a climate of hostility to the Christian Faith, the legitimate and laudable educational goal of multi-culturalism is often used as a cover to introduce pagan and New Age spiritualities such as deification of mother earth (Gaia) and to promote social causes such as environmentalism.” The report also claimed that “government schools” had “become aggressively and increasingly secular in the last forty years.”

In his sermon called “A Godly Education,” Kennedy exclaimed, “The infusion of an atheistic, amoral, evolutionary, socialistic, one-world, anti-American system of education in our public schools, has indeed become such that if it had been done by and enemy, it would be considered an act of war.” After denouncing Horace Mann as “a Unitarian,” Kennedy declared, “The modern, public education system was begun in an effort to deliver children from the Christian religion.”

Environmentalism is termed a “false religion.” Stewart quotes the young pastor who took her to a Christian political event in North Carolina, “It’s ten degrees hotter than normal, and these people don’t believe in climate science.” The conservative Christian Cornwall Alliance for the Stewardship of Creation declares, “There is no convincing scientific evidence that human contribution to greenhouse gases is causing dangerous global warming.” The Christian Nationalist political organization Culture Impact Center has claimed that environmentalism is a “litany of the Green Dragon” and “one of the greatest threats to society and the church today.”

Many of the roots of Christian Nationalism can be traced to the antebellum period and theological theories supporting slavery. Calvinist philosopher R. J. Rushdoony was an admirer of these preachers and claimed that “some people are by nature slaves and will always be so.” Although some of his writing was uncomfortable for leaders in the nationalist movement, his ideas form a significant amount of the ideology embraced by today’s right wing Christian thinking. He was the first to claim the First Amendment aimed to establish freedom “not from religion, but for religion.”

I posted at 10 AM EST today about an article in the Hechinger Report, written at its request by scholars Bruce Baker and Preston Green, each of whom is an expert in his field (school finance, constitutional law and education). A reader identified with the pro-voucher Reason Institute complained that an earlier Supreme Court decision forbade private schools from practicing racial discrimination, and an editor inserted a note saying so, as if to correct Baker and Green.

Baker and Green objected that the reader was wrong. The Supreme Court case he cited—Runyon v. McCrary-did not expressly forbid racial discrimination by religious schools if based on religious grounds.

The editor at the Hechinger Report read the case in question and removed the erroneous insertion, appending this clarification at the end of the article.

*Clarification: After publication of this article, a reader noted that the Supreme Court ruling Runyon v. McCrary (1976) forbids discrimination by race in private schools. We added a parenthetical editor’s note saying that current federal law does not permit private schools to discriminate on the basis of race. This note was overly broad. The authors explained that Runyon does not expressly address sectarian schools, a subset of private schools. Indeed, the Court specifies that its ruling offers no opportunity to address “private sectarian schools that practice Racial Exclusion on religious grounds.” Although it is unlikely that parochial schools would engage in racial discrimination, Runyon does not specifically address that possibility. This clarification should have been obtained from the authors before the editor’s note was appended.

I am glad the editor made this change. I’m glad she read the case and consulted with the authors. But I’m not in agreement with her expectation that religious schools would be “unlikely” to engage in racial discrimination. It is generally acknowledged that choice policies intensify segregation of all kinds: religious, racial, and socioeconomic (although Reason and CATO and other pro-vouchers advocates don’t agree with the scholarly consensus). Among the more extreme of evangelical schools that are currently funded by states, according to a survey by Rebecca Klein of the Huffington Post, a number openly teach racism, sexism, and other forms of bigotry, as well as lies about science and history.

The Hechinger Report invited two eminent scholars to write about how public schools might respond if the Supreme Court rules in favor of the plaintiffs in the Espinoza v. Montana case. In this case, rightwing libertarians seek to eliminate Montana’s constitutional prohibition on spending public money for tuition in religious schools. In effect, they want to eliminate the line separating church and state. The Trump-enhanced Supreme Court has already ruled that it is permissible to discriminate on religious grounds against same-sex couples in a Colorado case where a baker refused to bake a cake for two men. Homophobia is okay if it is based on deep religious convictions.

The Hehinger Report asked Bruce Baker of Rutgers, an expert on school finance, Preston Green III of the University of Connecticut, a constitutional lawyer, to consider the ramifications of this case if the Court favors the plaintiffs.

They wrote the article, then discovered that Corey DeAngelis of the libertarian Reason Foundation and the CATO Foundation (founded by the Koch brothers) objected to their views, basing his objection on an entry in Wikipedia. He insisted that an earlier Supreme Court decision forbade private schools from discriminating on the basis of race. Professor Green said DeAngelis was wrong.

Instead of inviting DeAngelis to write a letter to the editor or post a dissenting comment, which is customary, the Hechinger Report inserted an editor’s note inside the article.

This is the paragraph with the editor’s note responding DeAngelis’ complaint. By the time you read this, the “editor’s note” may have been deleted. I was informed by an editor that the publication had decided to delete it.

Let’s assume that there exist state legislatures that would prefer not to have taxpayer dollars used to support religious schooling. Perhaps they are concerned with supporting schools that might discriminate in admissions or other treatment on the basis of sexual orientation of children or parents, or even race. (Editor’s note: Current Federal law does not permit private schools to discriminate on the basis of race.)

Preston Greene III wrote the following response as a warning to others: The Hechinger Report puts Wikipedia on the same level as scholarship. (DeAngelis received a Ph.D. in education policy from the Walton-funded Department of Education Reform at the University of Arkansas, which holds a single point of view on school choice, and he regularly trolls anyone who disagrees with choice ideology on Twitter).

My own note: Fred Hechinger, for whom the Hechinger Report was named, was born in Germany and came to New York in 1936 at the age of 16. He graduated from DeWitt Clinton High School in New York City and the City College of New York, at that time a free public college. He and his wife Grace were personal friends of mine. He opposed public funding of religious schools. He supported free and universal public schools. This is how the Hechinger Report describes the man whose name it bears: “Fred M. Hechinger was education editor of The New York Times, an author of several books and an advocate for public education. The Hechinger Report continues his efforts to produce and promote high-quality education coverage.”

Preston C. Green III

I am writing this post to alert my fellow professors about a situation I recently encountered after publishing a piece with the Hechinger Institute. This organization approached Bruce Baker and me to write an op-ed explaining the possible consequences of the Espinoza v. Montana State Department of Revenue case. In this case, the Supreme Court is considering whether states can prohibit parochial schools from participating in a tax-credit scholarship program. It is generally expected that the Court will hold that states cannot act in this manner.

In this op-ed, we explained that states might respond to this potential decision by placing curricular restrictions on participating schools or even refusing to fund private education altogether. We even posited that states might respond to the Court’s expected decision by dramatically reducing their investment in charter schools.

We did not get much pushback for these points in the op-ed. However, Corey DeAngelis, adjunct scholar of the Cato Institute’s Center for Educational Freedom and the Director of School Choice at the Reason Foundation, claimed on Twitter that we were wrong to suggest that parochial school participants in school voucher programs might even consider discrimination on the basis of race. He supported this assertion by citing a Supreme Court case, Runyon v. McCrary. DeAngelis posted a screenshot of the purported holding, which he got from Wikipedia. According to this summation, Runyon held that “[f]ederal law prohibits private schools from discriminating on the basis of race.” On the basis of this “evidence,” DeAngelis demanded that Hechinger correct this alleged error.

I responded on Twitter by posting a screenshot of the pertinent part of the actual case, which included the following statement (italics added):

It is worth noting at the outset some of the questions that these cases do not present. They do not present any question of the right of a private social organization to limit its membership on racial or any other grounds. They do not present any question of the right of a private school to limit its student body to boys, to girls, or to adherents of a particular religious faith, since 42 U.S.C. § 1981 is in no way addressed to such categories of selectivity. They do not even present the application of § 1981 to private sectarian schools that practice Racial Exclusion on religious grounds. Rather, these cases present only two basic questions: whether § 1981 prohibits private, commercially operated, nonsectarian schools from denying admission to prospective students because they are Negroes, and, if so, whether that federal law is constitutional as so applied.

The italicized section clearly established that the Court in Runyon did not address the question of whether § 1981 prohibited sectarian schools from racially discriminating on the basis of religious belief.

DeAngelis insisted that a retraction was in order reposting the Wikipedia screenshot and claiming that parochial schools would never discriminate because they might lose their tax-exempt status. Other people joined in on Twitter claiming that we were fearmongering because no school would ever consider discriminating on the basis of race for religious reasons – the stakes were too high.

Although I would like to believe we are past the time that schools would not overtly try to discriminate on the basis of race, I do not share this rosy view. My parents received part of their education in racially segregated public schools in Virginia. And although I did not attend a racially segregated school, I also experienced several incidents of overt discrimination.

The Hechinger editor asked Bruce Baker and me over email about the Twitter avalanche from DeAngelis and his supporters. I explained that DeAngelis’s understanding of Runyon was incorrect. The Court’s decision expressly did not address the legality of parochial schools claiming racial discrimination on the basis of religious belief. I even cited cases in which parochial schools attempted to exploit this loophole in Runyon (the courts rejected this assertion on the ground that the discrimination was not based on sincere religious belief).

Two days later, our editor emailed Bruce Baker and me again, explaining that her superiors wanted to place a note after the offending sentence to the effect that racial discrimination violated federal law. We responded by explaining that this statement was overly broad. It was true that parochial schools that discriminated on the basis of race ran the risk of losing their tax-exempt status. It was also true that a parochial school that discriminated on the basis of race ran the risk of losing its federal funding (if it received such aid). However, it was false to assert that federal law explicitly prohibited parochial schools from racially discriminating in their admissions. To summarize our position: While it was unlikely that a parochial school would discriminate on the basis of race in its admissions policy, federal law did not explicitly prohibit it.

Our editor then responded by suggesting an editors’ note that federal law made it unlikely for a parochial school to discriminate on the basis of race. I agreed to that parenthetical statement.

To our surprise, the following day, we received an email from the editor telling us that her superiors had overruled her. The overly broad editors’ note was back in. We were also told that there was nothing we could do about it. We have yet to hear any convincing explanation why Hechinger rejected our reasoning regarding this legal issue.

I am disappointed and, frankly, outraged, that Hechinger acted in this manner. When DeAngelis challenged our assertions, we cogently explained why we believed he was wrong. Yet Hechinger did not support the well-reasoned legal opinion of two scholars in the field it had specifically asked to research this issue. Instead, it bowed to online pressure even after we had spent more time providing additional background and case law. Other professors should consider our experience if Hechinger approaches them for an op-ed.