Carson v. Makin | Case No. 20-1088 | Date Argued: 12/8/2021 | Date Decided: 6/21/2022

Background: In Espinoza v. Montana Department of Revenue, 140 S. Ct. 2246 (2020), this Court held that a state cannot exclude families and schools from participating in a student-aid program because of a school's religious status. The Court expressly declined to address religious use—that is, whether a state may exclude families and schools based on what they plan to do with the money.

Question Presented: Does a state violate the Religion Clauses or Equal Protection Clause of the United States Constitution by prohibiting students participating in an otherwise generally available student-aid program from choosing to use their aid to attend schools that provide religious, or "sectarian," instruction?

Holding: Maine’s “nonsectarian” requirement for otherwise generally available tuition assistance payments violates the Free Exercise Clause.

Result: Judgment REVERSED and case REMANDED.

Voting Breakdown: 6-2. Chief Justice Roberts delivered the opinion of the Court, in which Justices Thomas, Alito, Gorsuch, Kavanaugh and Barrett joined. Justice Breyer filed a dissenting opinion, in which Justice Kagan joined and in which Justice Sotomayor joined as to all but Part IâB. Justice Sotomayor filed a dissenting opinion.

Link to Opinion: Here.

Oral Advocates:

For Petitioners: Michael Bindas, Seattle, Wash. For Respondent: Christopher C. Taub, Chief Deputy Attorney General, Augusta, Me.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)