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December 11, 2020

The Case for Religious Charter Schools

The Constitution might not just permit them, but require them.

This summer, the Supreme Court ruled in the case of Espinoza v. Montana that states must allow parents to use vouchers and other similar subsidies to send their children to religious private schools. As Justice Stephen Breyer notes in his dissent, the ruling leaves open the question of whether states that allow for the creation of charter schools—quasi-private educational institutions that are funded by the taxpayers—can permit these schools to be religious. Nicole Stelle Garnett explains the situation:

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