Americans for Prosperity Foundation (AFPF) and yes. every kid. last week filed an amicus brief with the U.S. Supreme Court in the case, Carson V. Makin. The brief urges the Court to rule that Maine’s discrimination against religious schools from participating in the state’s tuition assistance program violates the Free Exercise clause.

yes. every kid. Executive Director Andrew Clark issued the following statement:

“Students and parents should have the ability to access an education that works for them, no matter whether that school is considered ‘religious’ or not. We are urging the Court to ensure state programs cannot continue to violate the Constitution and discriminate against students who wish to attend a religious school.”

As the brief states:

“This case highlights the lack of consistent standards among free exercise cases and the persistent divergence between the strict scrutiny applied as a matter of course to free speech and the lesser, and messier, standards applied to free exercise. In education, both labels turn on viewpoint, which is beyond the ken of government. Where, as here, the education satisfies the obligation imposed by the state, that is where the state’s inquiry should stop.”

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