Supreme Court says Maine cannot deny public funds to schools that promote religious instruction

[melm00se]

104. This is another situation

where the state started a program and then discriminated against a religious entity.

The program was set up:

"if an SAU (School Administrative Unit) neither operates its own public secondary school nor contracts with a particular public or private school for the education of its school-age children, the SAU must “pay the tuition . . at the public school or the approved private school of the
parent’s choice at which the student is accepted.”

If the State refuses to "approve" a private school who meets all the State's requirements save religious affiliation and is denied funding, that is, quite simply, discrimination.

Ask yourself what if the State denied approval due to the school's racial, sexual orientation, national origin or ancestry (or any other protected class) affiliation and ask yourself how you would come down on that situation.