In a landmark decision last week, the United States Supreme Court ruled in Carson v. Makin that a state cannot discriminate against religious schools in its program of tuition assistance.
This is the second Supreme Court case in recent years affirming the validity of family choice in education, especially for parents choosing faith-based schools. CEF manages a scholarship program similar to the ones addressed by these high court decisions.
This ruling affirms that parents should be able to choose a school that is compatible with their values or that honors and respects their values. “In a school choice program, a state cannot prohibit a parent from choosing a private school just because the school is religious, and as a result of this ruling, a state cannot prohibit a parent from choosing a private school just because the school educates its students in their faith, presents subjects from a faith viewpoint, and trains students to live the values of their faith,” said Leslie Hiner, a legal analyst with EdChoice, a parental choice advocacy organization that has worked alongside CEF to promote tax credit scholarships in Kansas.
What this means for CEF and Catholic schools in Kansas
The ruling protects CEF's tax credit scholarship program -- which currently benefits low-income students in 27 schools -- from legal challenges based on the religious nature of our schools. It is another important constitutional victory for religious liberty.
However, these scholarship programs need continued funding, and those guidelines are set by Kansas legislators and signed by the governor. Donations come from private donors (individuals and businesses) that receive 70% state income tax credits for their donations to CEF. Funding for these tax credits comes from the state general fund, not the more than $5 billion public education budget. In fact, the impact of this scholarship program helps save Kansas taxpayers more than $16 million per year.
Currently, the statewide tax credit program has a $10 million cap on tax credits, and credits are going more quickly in 2022.
Thirty-eight states plus the District of Columbia currently have family educational choice programs that will now be protected from religious discrimination. For needy families seeking education alternatives in Catholic schools, the future looks bright.
Click here to learn more about CEF’s Kansas Tax Credit Scholarship Program
