Students and their families win big in US Supreme Court case

In a significant win for K-12 students and their families, the Supreme Court held in Carson v. Makin that Maine cannot exclude religious schools from a parental choice program. The decision means more Maine families will have better access to quality education options that set them up for success.

The Institute for Justice and First Liberty Institute filed the lawsuit on behalf of three families in Maine who wanted to use money from a school choice program to attend a religious school. Maine’s program gives tuition money to students to attend a private school in lieu of their public school. However, a state law said families could not use the tuition money to attend religious schools—discrimination that IJ, First Liberty, and those three families argued was unfair and unconstitutional. The Supreme Court sided with the three families, noting: “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.”

When the Supreme Court handed down the decision on June 21, 2022, the Institute for Justice noted: “Parents have a constitutional right to choose such schools for their children, and the Court today held that a state cannot deny them that choice in programs that allow for other private options.”

Several Network groups filed amicus briefs in the case, including: The American Federation for Children, Americans for Prosperity, The Buckeye Institute, Cato, EdChoice, Liberty Justice Center, Maine Policy Institute, and the Pioneer Institute.

US Supreme Court decision gives parents more quality education options to help their children succeed

All children deserve a quality education that sets them up for college, a career, and life. Empowering parents to make the best educational choices for their children is one way to reach this goal.

Parents understand their child’s unique learning needs and are often in the best position to decipher what learning option is best—whether that’s a public school, private school, or even a homeschool setting. Carson v. Makin is the latest example of parents regaining more control over their child’s education and future.

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