Religious Liberty in Crisis by Ken Starr

Author:Ken Starr
Language: eng
Format: epub
Publisher: Encounter Books
Published: 2021-05-15T00:00:00+00:00

THE BOTTOM LINE: ENSURING THE SAFETY OF THE VOUCHER SYSTEM

In the days that followed, we mused on what might have happened had the Supreme Court actually granted review in the earlier Milwaukee school-choice case. Had that happened, the high court would have confronted a dramatically different set of student demographics. Virtually all Milwaukee voucher students, as the numbers showed, attended parochial schools. Perhaps we would have lost the issue by the tragic 5-4 margin as Justice O’Connor might have become, from our perspective, a casualty of her own doctrine.

Sometimes a loss turns out, in retrospect, to have been a win. As one door closes, so another one opens.

Why? Because in circumstances where tax dollars flowed directly to religious institutions (not through private choice), the law weaved by the Supreme Court year after year (at times with Justice O’Connor’s vote proving decisive) was excruciatingly complex, the recipient (rightly) of scathing criticism both within and outside the court for its frustrating contradictions.

This body of jurisprudence, as we will see in the following chapter, was not the Supreme Court’s finest hour. But in the face of fierce, well-funded secularist forces, school choice in America was now safe, an enormous step forward for religious freedom.

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