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Supreme1 Court rules Maine tuition assistance program must cover religious schools
The U.S. Supreme Court ruled 6-3 along ideological3 lines that Maine's tuition assistance program must cover religious schools.
LEILA FADEL, HOST:
The Supreme Court is out with a ruling this morning on taxpayer4 money and religious schools. It ruled 6 to 3 that if a state uses taxpayer money to pay for students attending nonreligious private schools, it must also use taxpayer funds to pay for attendance at religious schools. For all practical purposes, the decision invalidates provisions in 37 state constitutions that ban the direct or indirect use of taxpayer money in religious schools. Joining us now is NPR's legal affairs correspondent Nina Totenberg. Hi, Nina.
NINA TOTENBERG, BYLINE5: Hi there.
FADEL: So what is the background of this case?
TOTENBERG: This is a case from Maine, which is the most rural state in the country, and it has - about half the school districts in the state - they're called unitary districts - don't have enough money to have public high schools. So they either send the kids to a nearby high school and contract with that public high school, or they pay the tuition at a private nonsectarian school. This case was brought by people who wanted the state to fund their children's tuition at a religious school. And the lower court said, no, you can't do that. And the Supreme Court said, oh, yes, you can, basically.
(LAUGHTER)
TOTENBERG: Writing for the court's conservative majority, Chief Justice John Roberts said that Maine's decision to exclude religious schools from its tuition assistance program promotes, quote, "stricter separation of church and state than the federal constitution requires." Maine's program is not what it claims, he says. It is not neutral because it, quote, "discriminates6 against religion."
FADEL: Now, this was 6 to 3 along ideological lines. What did the dissenters8 say?
TOTENBERG: Well, Justice Breyer wrote the principal dissent7, and then Justice Sotomayor added because she said she couldn't sort of believe her eyes in the last few years. This court continues to dismantle9 the wall of separation between church and state that the framers sought to build, she said. The consequences of the court's rapid transformation10 of the religion clauses must not be understated.
FADEL: So real concern about the separation...
TOTENBERG: Yeah.
FADEL: ...Of church and state there. What does the court's decision actually do?
TOTENBERG: Well, theoretically, it greatly expands state aid to religious schools or has the potential to do that. For decades, the court deferred11 to state constitutions, and those constitutions in the majority of states said you can't have aid to religious schools, and the court's own doctrine12 suggested that. But in recent years, conservative court majorities have upheld state voucher13 programs for religious schools and other programs that use tax benefits and other mechanisms14 to facilitate attendance at religious schools. In the Maine case, the court majority has gone much further, declaring that when a state provides benefits to a nonreligious private school, it has to provide the same benefits to a religious school.
FADEL: So what does that do in Maine, then, and elsewhere?
TOTENBERG: Well, I imagine it's going to be quite a mess in Maine. It won't happen right away 'cause the Legislature isn't even in session until September. The only - this decision actually affects Maine and Vermont, the only two states that have programs like this. But in Maine, the state could - has various options. It could pay only public school tuition, only contract with public schools. It's possible that the large private school academies - there are 11 of them, and most of them have been around for generations and generations - they could, I suppose, become charter schools.
FADEL: NPR's Nina Totenberg. Thank you so much.
TOTENBERG: Thank you.
1 supreme | |
adj.极度的,最重要的;至高的,最高的 | |
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2 transcript | |
n.抄本,誊本,副本,肄业证书 | |
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3 ideological | |
a.意识形态的 | |
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4 taxpayer | |
n.纳税人 | |
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5 byline | |
n.署名;v.署名 | |
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6 discriminates | |
分别,辨别,区分( discriminate的第三人称单数 ); 歧视,有差别地对待 | |
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7 dissent | |
n./v.不同意,持异议 | |
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8 dissenters | |
n.持异议者,持不同意见者( dissenter的名词复数 ) | |
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9 dismantle | |
vt.拆开,拆卸;废除,取消 | |
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10 transformation | |
n.变化;改造;转变 | |
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11 deferred | |
adj.延期的,缓召的v.拖延,延缓,推迟( defer的过去式和过去分词 );服从某人的意愿,遵从 | |
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12 doctrine | |
n.教义;主义;学说 | |
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13 voucher | |
n.收据;传票;凭单,凭证 | |
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14 mechanisms | |
n.机械( mechanism的名词复数 );机械装置;[生物学] 机制;机械作用 | |
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