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Carson v. Makin

On December 8, 2021, the Supreme Court heard oral arguments in Carson v. Makin, regarding whether a Maine law that discriminates against religious families violates the Free Exercise Clause. The case was brought by families objecting to the fact that Maine's school choice program excludes religious schools. In Maine, state law authorizes school districts that do not operate their own high schools to provide tuition payments allowing families to select the private school of their choice, as long as the private school is not religious. 

Previously, on September 10, CLS filed an amicus brief on behalf of ten other religious or private school organizations. The brief urges the Court to require Maine to treat all Maine parents and children fairly, including those who choose religious schools. Professors Tom Berg and Doug Laycock wrote the brief with the assistance of the students at the Religious Liberty Appellate Clinic at the University of St. Thomas (Minnesota) School of Law. Professors Berg and Laycock had also filed an amicus brief in March of 2021 urging the Supreme Court to review the case.

SCOTUSblog has an excellent overview of the oral arguments. A decision is expected by summer of 2022.