We the People Are Religious Charter Schools Constitutional?
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May 1, 2025 Michael McConnell, a Constitutional Law expert from Stanford, and Steven Green, a professor of Law and History, dive into the heated debate on the constitutionality of religious charter schools. They analyze recent Supreme Court arguments and the nuanced meanings of the Free Exercise and Establishment Clauses. The conversation also touches on the historical context regarding funding provisions, the classification of religious charter schools, and the implications for educational choice and religious freedom in public education.
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Public vs Private Religious Schools
- This case questions if religious charter schools are public schools bound by restrictions on religious instruction.
- Public schools cannot promote religion, but private religious schools can receive neutral funding.
History of No Funding Religious Schools
- Historical trend shows states funded public secular schools but declined funding religious schools.
- 19th century public schools gradually secularized and avoided government funding of religious education.
School Prayer Bans & Bias History
- School prayer bans in 1960s aligned with prohibiting government-established religion in public schools.
- Anti-Catholic bias motivated some no funding laws, but modern courts avoid endorsing such prejudice.