Monday, September 10, 2007
Although Mr. Bolick thinks that catholic schools that convert from being private to charters do have to end their religious instruction today, he believes that the issue should go back to the Supreme Court and that the church would most likely win. See below:
In the Justice O’Connor era, the Court made a tortured distinction between "direct" aid, which requires purging of religion, versus "indirect," which does not. Per capita aid was deemed to be direct aid, despite the fact that, as you say, it is triggered by students choosing to attend. Reading the existing precedents, I’d say the schools do have to do this---but I think there may be 5 votes to erase that distinction. Many charter schools are challenging the church-state boundaries, along with faith-based aid in general, so I suspect the Court will have a chance to address this issue again.
Best,Not only do I find it unbelievable that Mr. Bolick shares my views, it is an honor that he took time to answer my question.