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What Next | Daily News and Analysis

A Threat to the Separation of Church and State

What Next | Daily News and Analysis

Slate Podcasts

News, Daily News, News Commentary

4.32.4K Ratings

🗓️ 29 January 2020

⏱️ 23 minutes

🧾️ Download transcript

Summary

Republican lawmakers in Montana came up with a plan to help taxpayers fund scholarships for private schools, including religious ones. But Montana’s constitution makes it clear that public funding for parochial schools is not allowed. Now, religious school parents have appealed their case to the Supreme Court. The resulting decision could undermine the separation of church and state. Guest: Mark Joseph Stern covers courts and the law for Slate.  Slate Plus members get bonus segments and ad-free podcast feeds. Sign up now. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

I called up Slate's Mark Joseph Stern the other day.

0:08.0

To talk about this Supreme Court case, he just can't stop thinking about.

0:11.7

I was delighted that you asked to talk about this one because it's so important and just

0:15.7

got drowned out by impeachment stuff.

0:18.0

Mark was there for oral arguments in this case last week.

0:20.4

He says John Roberts was remarkably chipper that morning, considering he had wrapped up

0:25.1

his duties in the Senate just a few hours beforehand.

0:28.6

And impeachment stuff is obviously really important too, but like this is the front line of

0:35.0

separation of tuition state stuff right now.

0:37.0

Like this is it.

0:38.0

And in a more normal political time, I think this case would be perceived as a blockbuster.

0:44.8

This case, it's about whether Montana can avoid funneling taxpayer money to religious schools.

0:51.2

The details are a little complicated here.

0:53.0

We'll get to that.

0:54.4

Mark says what made this case interesting to him is how the old ideas about separating

0:59.2

church and state are getting reinterpreted to focus on discrimination.

1:06.4

What the plaintiffs want to fight about here is a single article in Montana's state

1:10.8

constitution, a provision that restricts funding for religious schools.

1:15.8

Dozens of states have provisions like this.

1:18.1

They're called Blaine Amendments.

1:21.6

A Blaine Amendment is this provision of a state constitution that bars the state from

1:28.1

providing any public funds to religious schools or religious institutions.

...

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