In the past few years, U.S. courts have been overturning laws and state-government decisions that prevent public funds from supporting religious institutions engaged in educational or other activities. Tim Rosenberger and Nicole Stelle Garnett explain the latest legal victory for religious freedom:
Loffman v. California Department of Education was brought by Orthodox Jewish families who sought to admit their disabled children to private Jewish schools under the Individuals with Disabilities Education Act but found themselves thwarted by California on the grounds that the schools were “sectarian.” In a sharply worded opinion, the court rejected California’s argument and instead sided with the families, affirming their constitutional right to access public benefits without sacrificing their faith commitments.
The Loffman verdict is not just a legal win for the families involved; it’s a strike at the heart of California’s pervasive and unconstitutional practice of discriminating against religious institutions and believers. California law contains an array of rules that systematically discriminate against religious institutions, barring them from participating in public programs.
Consider a few examples. The state bars homeschooling parents who work with independent-study charter schools from including any religious content in their children’s customized curriculum. It also excludes religious schools from publicly funded pre-K, teacher-diversity, work-study, and teacher affordable-housing programs. California even prohibits school districts from contracting with “sectarian” hospitals to instruct patients with special needs. While the Ninth Circuit’s Loffman decision clarifies that such policies violate the Free Exercise Clause, they nevertheless remain on the books.
More about: American law, Education, Freedom of Religion, Orthodoxy