Friday, April 15, 2011

Arizona Christian School Tuition Organization v. Winn: SCOTUS Majority Fails to Understand or Correctly Apply the Establishment Clause

A Supreme Court divided 5-4 on a relatively simple issue such as tax credits and the Establishment Clause is not going to be making much good law in the religious sphere.

Stanley Fish has a nice write-up at Opinionator at the New York Times regarding the case of Arizona Christian School Tuition Organization v. Winn.

Read the Fish posting about that case at A Dollar Is a Dollar: Elena Kagan’s Style.

We have serious Constitutional problems with tax credits for donations to so-called "school tuition organizations" (STOs), which are often nothing but cloaks for funneling freebie money to religious organizations.

Does the enablement of tax-financed money for religious organizations help to "establish" those religions? Does anyone seriously doubt that? STOs were created precisely to launder money past the Establishment Clause.

Money talks. Without money, you can establish nothing.

Religions should get no tax breaks at all.
That would conform to the sense of the Establishment Clause.

This decision is what you in part get from a court that has not a single Protestant on it. Protestant Christianity developed to modernize the secular world. The Roman Catholic Church does precisely the opposite.

America continues to tread backward, also in its SCOTUS majority decisions.

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