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A Religious Preschool Is Barred From a State's Universal Preschool Program. SCOTUS Will Decide What's Legal.

Religious school classroom | St Mary Catholic School/Facebook

On November 3, the U.S. Supreme Court will hear oral arguments in a case that asks whether Colorado has unlawfully discriminated against a religious preschool because the school is barred from participating in the state's universal preschool program due to its refusal to accept LGBTQ families. In addition to involving multiple hot-button political and cultural issues, the case also has big implications for the future of federal antidiscrimination law.

St. Mary Catholic Parish v. Roy is not about a state law that directly prohibits a religious preschool from operating. Rather, at issue here is a government requirement that any preschool that wants to participate in the state's universal preschool program, and receive the public benefits that follow, must first satisfy various criteria, including that "each preschool provider provide eligible children an equal opportunity to enroll and receive preschool services regardless of race, ethnicity, religious affiliation, sexual orientation, gender identity, lack of housing, income level, or disability."

According to the Catholic preschools overseen by the Archdiocese of Denver, however, complying with that rule would force the schools to violate their religious beliefs. "It is undisputed that these preschools would otherwise be eligible [universal preschool] providers," the schools told the Supreme Court. "They are excluded solely because of their religious exercise—namely, their religious practices of ensuring that all enrolling families are supportive of the Catholic Church's teachings on sex and marriage and of treating enrolled four-year-olds in accordance with their biological sex."

These schools can point to a pair of recent Supreme Court precedents that will very likely count in their favor. In Espinoza v. Montana Department of Revenue (2020), the Court held that if a state provides educational subsidies that help parents send their children to private schools, the state "cannot disqualify some private schools solely because they are religious." Then, in Carson v. Makin (2022), the Court held that Maine's tuition assistance program violated the Constitution by excluding private schools that offered "sectarian" education. "A State's antiestablishment interest," the decision said, "does not justify enactments that exclude some members of the community from an otherwise generally available public benefit because of their religious exercise."

I would expect the outcome of St. Mary Catholic Parish v. Roy to follow in this same general pattern and hold something to the effect that when a state provides an educational public benefit, it must make some sort of accommodation for the religious views of the recipients.


In Other Legal News

Justice Elena Kagan made news a few months back when she defended her conservative colleagues on the Supreme Court from the oft-heard charge that they are totally in the tank for President Donald Trump. "I don't see this as a court that is just like, 'We're just going to rubber stamp what the current administration does.' You know, quite the opposite," Kagan said. "I think that that is a bad rap." In support of her argument, Kagan pointed to the fact that the Supreme Court had recently ruled against Trump on the two big issues that Trump himself valued the most: tariffs and birthright citizenship.

Kagan was in the news again on Tuesday, this time because she publicly blasted those same conservative colleagues for issuing decisions on voting rights and political gerrymandering that, in Kagan's words, have produced "a democracy that does not work as well as it should." According to Kagan, the Court's conservative majority "has kind of blinded itself to the very deleterious effects of their rulings on how the political system works."

Does this mean that Kagan has now stopped defending the conservative justices from the pro-Trump charge? Not at all. In fact, as The New York Times put it, "she reiterated her defense of the conservative-dominated bench from a July appearance and said it was a 'bum rap' to suggest the court had been too deferential to Mr. Trump."

I don't know about you, but I find Kagan to be a refreshing public figure in these simplistic, partisan times. She is a staunch legal liberal with clearly stated objections to what the Supreme Court's conservative majority is getting up to, yet she refuses to be associated with the laziest progressive attacks on the Court. How many people of comparable public stature these days are willing to call out the shortcomings of their own side?

The post A Religious Preschool Is Barred From a State's Universal Preschool Program. SCOTUS Will Decide What's Legal. appeared first on Reason Magazine.

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Macron bans ‘illegitimate’ protests in France as he tries to get a grip on unrest

French president also says he will decide on concrete ‘next steps’ for the next nationwide demonstrations

Emmanuel Macron has said “illegitimate” demonstrations will be banned over the coming days as France seeks to get a grip on civil unrest after some of its worst street violence in years erupted on the fringes of cost of living protests at the weekend.

Speaking after a ​meeting with intelligence officials and senior ministers, the French president said on Thursday that demonstrations organised by recognised groups would be allowed to go ahead, although their routes could be changed.

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© Photograph: Ibrahim Ezzat/Anadolu/Getty Images

© Photograph: Ibrahim Ezzat/Anadolu/Getty Images

© Photograph: Ibrahim Ezzat/Anadolu/Getty Images

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Macron bans ‘illegitimate’ protests in France as he tries to get a grip on unrest

French president also says he will decide on concrete ‘next steps’ for the next nationwide demonstrations

Emmanuel Macron has said “illegitimate” demonstrations will be banned over the coming days as France seeks to get a grip on civil unrest after some of its worst street violence in years erupted on the fringes of cost of living protests at the weekend.

Speaking after a ​meeting with intelligence officials and senior ministers, the French president said on Thursday that demonstrations organised by recognised groups would be allowed to go ahead, although their routes could be changed.

Continue reading...

© Photograph: Ibrahim Ezzat/Anadolu/Getty Images

© Photograph: Ibrahim Ezzat/Anadolu/Getty Images

© Photograph: Ibrahim Ezzat/Anadolu/Getty Images

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West End to get another lesson from The History Boys two decades on

Nation’s favourite play makes London comeback amid renewed debate about future of humanities teaching

The History Boys is to return to the West End for the first time in two decades, with a warning from its director of an “almost terminal decline” in humanities teaching in state schools.

Nicholas Hytner, who directed Alan Bennett’s play at the National Theatre and its 2006 film adaptation, said the themes of education, history and the value of literature for its own sake felt especially relevant amid renewed debate about what schools should teach.

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© Photograph: REX/Donald Cooper

© Photograph: REX/Donald Cooper

© Photograph: REX/Donald Cooper

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