Among a number of other bits of good news lately, there has been a favorable Supreme Court ruling regarding school choice.
A closely-divided Court decided (5–4, in Arizona Christian School Tuition Organization v.Winn) to uphold an Arizona law meant to facilitate school choice. The law allows people who donate to organizations that support religious schools to write off all their school payments on their state income taxes. Opponents of the law — including, naturally, teachers’ unions and public school administrations — argued that the tax credit amounted to establishment of religion, and was thus unconstitutional. They pointed to the fact that many of the schools supported by the tax credit required students to be of a particular faith. The opponents were trying to get around the landmark 2002 Supreme Court ruling Zelman v.Simmons-Harris, which held that voucher programs comply with the establishment clause, even when the vouchers are used to send kids to religious schools.
The opponents’ suit was based on a 1968 Supreme Court ruling that allows people who are not harmed by a religious subsidy to have standing to sue, because otherwise enforcement of the establishment clause would be difficult. But the majority of the current Court held that the exemption was meant only to apply to actual government payments to support religion, and a tax credit is not a government payment; it is just funds never collected to begin with.
This ruling will permit more states to allow tax breaks enabling parents whose children are being cheated out of a decent education by the state monopolistic school systems to send their kids to religious schools instead (or private secular schools, for that matter). Robert Enlow, head of the estimable Foundation for Educational Choice, hailed the verdict, saying, “Every state that is considering a tax-credit program can rest easy.” As a religious agnostic, I also hail the ruling. If you want to send your kids to a religious school, it seems obvious that you should have that right — it doesn’t harm me in the least.
Predictably, educrat Francisco Negron, head lawyer for thee National School Boards Association, the major organization representing state public school systems, condemned the ruling, rightly viewing it as another blow to the public school monopoly. Indeed, yes sir, it is a blow — to those disgusting swamps of governmental failure, which deserve all the efforts we can make to drain them, since they are destroying the lives of hundreds of thousands of children, every year. Negron’s specific complaint, that allowing tax deductions for private schools lowers the resources available for public schools, is specious. Yes, allowing tax credits reduces funds available to the public schools, but it also reduces the number of their students, hence their costs.
Those who find little difference between the political parities should note that all of Bush’s Court appointees voted for the ruling, and all of Obama’s and Clinton’s voted against it. The Obama administration supported the law officially, but the people whom Obama put on the Court voted against it. Justice Kagan — Obama’s most recent pick for the court — wrote the dissenting opinion. This is a classic progressive liberal trick: feign support for popular initiatives, but pack the courts with judges who will rule them unconstitutional.