Carson v. Makin (2022) | Kidlaw Summary

Can states fund private schools but block religious ones? The Supreme Court said NO, here's what changed.

WHAT YOU'LL LEARN IN THIS VIDEO
- What Carson v. Makin is and why it matters
- How Maine's tuition program sparked a constitutional fight
- Why the Free Exercise Clause was central to the ruling
- The "Status vs. Use" distinction the Court rejected
- How this builds on Trinity Lutheran and Espinoza
- What this means for school choice and public funding

Carson v. Makin (2022) is a landmark Supreme Court ruling that reshaped the relationship between public school funding and religious institutions. In a 6-3 decision, the Court struck down Maine's requirement that tuition-assistance funds could only go to "nonsectarian" private schools.

The key principle: a state doesn't have to fund private education, but if it does, it cannot exclude religious schools simply because they are religious. This ruling effectively dismantled Blaine Amendments in dozens of states, expanded school choice options for families, especially in rural areas, and opened new legal questions around discrimination, charter schools, and whether neutrality may eventually require states to fund religious education.

Learn more about Carson v. Makin (2022) by visiting:
https://kidlaw.org/2026/03/26/carson-v-makin-2022/

SOCIAL & WEB LINKS
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PODCAST LINKS
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Apple Link: https://podcasts.apple.com/us/podcast/kidlaw/id1896798336
Spotify Link: https://open.spotify.com/show/033liLtlloBnXvjIJac6Z3?si=cbfc7e412df24c3c

CONTACTS
mcoogan@acnj.org - Mary Coogan - Host of Let's Talk Kids | CEO of ACNJ
vjabon@acnj.org - Viggo Jabon - Multimedia Specialist at ACNJ
Carter@DiedreMoire.com - Maxine E Carter - Producer

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