This is the Kato Daily Podcast for Tuesday, June 21st,

2022. I'm Caleb Brown.

States have long had elements of their state

constitutions that openly discriminated against religious schooling.

These historically anti-Catholic Blaine amendments have long

prevented otherwise neutral state education programs from helping families who

send kids or would like to send their kids to religious schools.

The Supreme Court's decision in Carson v. Macon today

might begin to change that.

Cato's Neil McCluskey co-author of the Cato Institute brief in the case, comments.

Before we get into the details of this particular case,

what was this state of play as we understood it with respect to

like the Supreme Court rendering opinions that had a strong impact on educational

freedom.

So we've had since Zelman v Simmons Harris, which you go back to 2002, a kind of long line of Supreme Court cases that essentially

said, first as long as schools are chosen freely by parents, it is fine if they are religious.

Zelman v. Cementeris essentially, or established that on the federal level.

And then we've had this long line of cases that sort of progress from that that start saying and what about on a state level is it okay

you know on a state level but more importantly can states exclude religious schools from

school choice programs.

So you can go back to Trinity Lutheran,

which was not specifically about schools,

...