Legal Insight. Catholic Light.

Some significant legal developments have emerged over the last week concerning private and Catholic education in the United States, reflecting ongoing debates over religious freedom, diversity initiatives, and educational choice.

Federal Judge Rules on Maine’s Tuition Assistance Program

A federal judge has upheld Maine’s exclusion of Catholic schools from the state’s tuition assistance program, despite a 2022 U.S. Supreme Court decision in Carson v. Makin that deemed such exclusions unconstitutional. The recent ruling suggests that while the plaintiffs raised substantial constitutional questions, they are unlikely to succeed based on current legal standards. This decision continues to bar families in rural areas without public schools from utilizing state funds for tuition at religious institutions like St. Dominic Academy.

Texas Debates School Vouchers and Impact on Special Education

In Texas, legislative discussions about implementing private school vouchers have intensified, raising concerns about their potential effects on special education students. Proponents argue that vouchers would offer families more educational choices, while critics fear they might divert resources from public schools, leaving special needs students underserved. Notably, only a small fraction of Texas’ private schools cater specifically to special needs students, and those that do often have steep tuition costs averaging around $20,000. The proposed voucher amounts vary significantly between the Texas House and Senate, with the House proposing up to $30,000 and the Senate suggesting slightly more than $10,000 for special needs students.

Federal Stance on Diversity Initiatives in Catholic Institutions

Ed Martin, the interim U.S. Attorney for the District of Columbia, has issued a directive to Georgetown Law School, a prominent Catholic and Jesuit institution, demanding the cessation of all diversity, equity, and inclusion (DEI) initiatives. Martin warned that his office would not consider hiring students or affiliates from institutions that continue to promote DEI. This action is part of a broader effort by the Trump administration to dismantle DEI practices, which gained prominence following the 2020 murder of George Floyd. Legal experts have criticized Martin’s stance, arguing that it infringes upon First Amendment rights. Georgetown Law School has defended its DEI practices, emphasizing their constitutional protection and alignment with the university’s mission.

In a very thoughtful and direct letter, Georgetown Law responded.

Oklahoma: Supreme Court to Hear Case on Religious Charter School Funding

The U.S. Supreme Court has agreed to hear the case of Oklahoma Statewide Charter School Board v. Drummond, which addresses the constitutionality of establishing a religious charter school using public funds. The case arose after the Oklahoma Statewide Charter School Board approved the application for St. Isidore of Seville Catholic Virtual School, prompting legal challenges over potential violations of the Establishment Clause. The outcome could have significant implications for the separation of church and state in the context of public education funding.