SCOTUS Rules for Religious Schools
Written by Charles L. Glenn |
Thursday, July 7, 2022
We welcome the Supreme Court’s explicit recognition that faith-based schools that retain a strong distinctive mission must not be punished for it. This recognition should, in turn, renew the commitment of those working in or supporting a school with a religious mission to ensure that the mission is evident in every aspect of the school’s life and work.
This week, the U. S. Supreme Court ruled 6–3 in Carson v. Makin that a Maine program that bars “sectarian” schools from receiving state-funded tuition assistance is a violation of the Free Exercise Clause of the First Amendment. The decision is a welcome acknowledgment that religious schools must not be penalized for loyalty to their faith tradition nor tempted by government into conformity with public schools.
Many rural communities in Maine do not have public schools. Since the nineteenth century, Maine has had a program under which families in such communities (more than half of school districts in the state) may receive grants to send their children to public schools in other districts or to private schools of their choosing. But since 1980, state officials have excluded schools that they consider “sectarian” from this program. The state defines a “sectarian school” as “one that is associated with a particular faith or belief system and which, in addition to teaching academic subjects, promotes the faith or belief system with which it is associated and/or presents the material taught through the lens of this faith.” The Carson v. Makin case was brought on behalf of Amy and David Carson and other parents who sought state funding to send their children to private schools that reflected their religious convictions.
In a dissent, in which he was joined by Justices Kagan and Sotomayor, Justice Breyer insisted that “government neutrality” on religious matters was essential, and thus Maine was justified in excluding schools seeking to “teach and promote religious ideals.” The majority opinion points out, however, that “there is nothing neutral about Maine’s program. The State pays tuition for certain students at private schools—so long as the schools are not religious. That is discrimination against religion.” The Court’s majority opinion in Carson notes that “we have repeatedly held that a State violates the Free Exercise Clause when it excludes religious observers from otherwise available public benefits.” It adds that “a neutral benefit program in which public funds flow to religious organizations through the independent choices of private benefit recipients does not offend the Establishment Clause.”
Significantly, the majority opinion rejects the state defendants’ attempt to make a distinction between the religious identity and the educational practice of faith-based schools.
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Prayer Tips: When to Pray
Our problem is not a lack of resources. But one other thing is clear: we must make time to pray and praise God. If we cannot make and keep appointments with our Triune God, our relationship with the Father, the Son, and the Holy Spirit, like any other, will suffer. The invitation is this: have a plan and follow it, pray spontaneously as well, and let all your time be lived out in the presence of our gracious God.
In the early days of his Christian walk, someone said, “I just don’t seem to have time to pray!” A mentor responded in a gentle tone with a stubborn and convicting principle: “you make time for your priorities.” Yet, the question of when to pray is a potent one in the distractedness and business of modern life with its constant connectivity, appointments, virtual appointments, pings, and notifications. Even if we know better than to make excuses for ourselves, the believer who claims a relationship with the living God is commendably concerned about both the quantity and quality of time spent in prayer. While we should clearly pray whenever moved by some external or internal prompting, anything worthy of our attention deserves a dedicated time, no less so the life of prayer.
Seeming to undermine our subject, the Apostle Paul writes these challenging words: “Pray without ceasing.” (1Th 5:17)[1] Assigning a time to prayer would seem too limiting for so grand an activity if we ourselves were not constrained to live one moment after another with a restricted band of attention. Paul’s meaning in the context and in comparison with other texts seems to be that we should not stop praying through changing circumstances that may tempt us to give up (cf. Luke 18:1), in which case it’s the persistence rather than the frequency of our prayers that he has in view. He may also be thinking of maintaining a posture of prayerfulness at all times. But again: anything worthy of our attention deserves time devoted to it.
The Psalmist exclaims, “Seven times a day I praise you for your righteous rules.” (Psalm 119:164)
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Do You Know What Tomorrow Holds?
Consider especially his parable of the rich fool as found in Luke 12:16-21: And he told them a parable, saying, “The land of a rich man produced plentifully, and he thought to himself, ‘What shall I do, for I have nowhere to store my crops?’ And he said, ‘I will do this: I will tear down my barns and build larger ones, and there I will store all my grain and my goods. And I will say to my soul, “Soul, you have ample goods laid up for many years; relax, eat, drink, be merry.”’ But God said to him, ‘Fool! This night your soul is required of you, and the things you have prepared, whose will they be?’ So is the one who lays up treasure for himself and is not rich toward God.” We all need to learn from this story and take it to heart. Will you make it through the night?
In the 1995 song “Days Like This” by Van Morrison we find this refrain: “Oh my mama told me, There’ll be days like this”. We all can have them. It might be a quite shocking or hardcore day that we did not see coming and was quite unexpected. My recent reading reminded me of this reality.
Now and then something I read will jump off the page and really impact me. What might seem like a rather ordinary and unexceptional sentence really struck me when I read it last night. I refer to Richard Phillips’ new 2-volume, 1400-page expository commentary on Genesis (P&R, 2023). I was reading his remarks about the Joseph story.
You would know it well. Except for chapter 38, the last 14 chapters of Genesis all revolve around Joseph. That is a full quarter of the entire book. In this narrative we clearly see the providence of God throughout. What people planned for evil, God planned for good (Gen. 50:20).
The sentence he had penned which grabbed me was this one: “Like Joseph, none of us knows what any given day will bring” (Vol. 2, p. 330). Yes, it is rather obvious, but still… Most of us wake up each morning fully expecting the day to go like most of our previous days. We usually do not expect that any major, dramatic event will occur.
Joseph would have woken that morning like most others, yet by the end of the day he found himself heading off to Egypt, sold as a slave – all because of his brothers’ intense dislike of him. Wow, I bet you he didn’t see that one coming! Talk about your day not exactly going as you expected it would!
My Own Story
Most of us might have days like this. When people ask me about my testimony, I have to say that what happened to Joseph sorta happened to me one day. No, I was not sold into slavery and bundled off to Egypt. But it was still quite a radical and unexpected day.
The day was August 15, 1971 – it was the day I became a Christian. There I was that morning, minding my own business and doing more of the same of what I had been doing for quite a while. I woke up and drove with a friend from my hometown in Wisconsin to Madison. I often enjoyed going to Milwaukee or Madison to get some new rock albums (although they could be found in Sheboygan).
I bought three albums that day – two of them which I still remember. One was a new Moody Blues album. I also scored some more dope – a bag of psilocybin (magic mushrooms). We got back home, and I jumped on my bike to ride to some friends’ place to do what we did just about every day: listen to rock albums and take a lot of drugs.
But I never got to hear those albums nor take that dope. But I wrote all this up before, so if you don’t mind, let me share some of that here:
Cheryl, a hippy girl that I had known well, was with a few others, driving down the street in the opposite direction.
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Sin, Autonomy, and Biblical Critical Theory
If I alone can determine what is right and wrong, true and false, just and unjust, I will always be bumping heads with all the others who also think and act this way. With no higher objective absolutes that transcend my and your judgments and assessments, we will always clash. Real human dignity and community can only come from recognising who God is and how we share in the image of God.
There are many ways to describe and discuss sin. Perhaps one definition of major significance is to speak in terms of autonomy. In its simplest form this means self-law or self-government. However, if there is a God who created us and seeks to govern us for our own best good, then autonomy is the height of folly – as well as sin. It is idolatry on steroids.
We perhaps see this especially played out in the radical trans movement. Here we have folks who have so deified autonomy that they believe they can – at will – redefine morality, redefine biology, redefine truth, and redefine reality. Talk about playing God! Talk about kicking God off his throne and elevating mere man in his place.
Last week I penned a piece featuring the important new book by Christopher Watkin: Biblical Critical Theory: How the Bible’s Unfolding Story Makes Sense of Modern Life and Culture (Zondervan, 2022). As I said there, this is such a wide-ranging and significant volume that a short review will hardly do it justice.
So instead I will feature aspects or chapters of the book in a number of articles. The first one focused on Ch. 23 and is found here.
What I want to highlight today is found in Ch. 5: “Sin and Autonomy.” The Australian Christian philosophy professor also stresses autonomy as the heart of sin, and shows why it is so very destructive. And let me preface this by citing a paragraph from the previous chapter, “Sin and Society”:
The absence of a sustained emphasis on sin and judgment in Christian cultural engagement is, at least, a little odd and, at most, a heinous omission that leaves Christian cultural theory limping and unbalanced. After all, sin is such a crucial figure in the biblical rhythm of creation, fall, and redemption, the rhythm that taps out the distinctively Christian approach to all things from identity and ethics and the environment to culture, the economy, and politics. 108
Exactly right. So it is vital that we speak about sin and identify it properly and accurately. Autonomy is key to all this. And it is the perfect descriptor of what happened in the garden with our first parents:
Adam and Eve choose to live by their own law, their own code of what is permitted and not permitted, rather than by God’s law, and they choose to do so in a world that God has created and sustains, as the creatures God has created and sustains. In the context of Genesis 3, autonomy manifests itself as deciding for oneself what is to be counted as good and evil. It is not, of course, deciding for oneself what is good and evil, because God has already settled that question, and any new legislation that Adam and Eve pass down from their DIY parliament does not annul God’s royal decrees. 133
All this should be sensible enough to understand, but sin of course twists everything, including our understanding. So it is like a toddler telling his parents that he knows what is best, that he can fend for himself, and that he is able to determine what is right and wrong. Or as Watkin expresses it:
It is hard to underestimate the extent to which many in our society today fail to consider what the Bible has to say about God on its own terms because that would require admitting that our own autonomous reason may not be the most reliable truth-discerning tool in the universe. One of the crucial pennies to drop in the minds of those who find their way to faith in their adult years is often the realization that, if there really is a God such as the Bible reveals him to be, then he is smarter than I am and his judgement is more reliable than mine: if he and I differ on a matter, and if he is really God and I am really a creature, then it is more than reasonable to assume that he is correct and I am mistaken. To reach any other conclusion would require a bizarre routine of epistemological gymnastics. Either God is God and I am not, in which case his judgement is to be trusted over mine, or else God is not God, in which case there is no reliable way of satisfactorily arbitrating at all between what is reasonable and what is not.
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