Mizzou law professor outlines effects of Supreme Court decision

Carl Esbeck, University of Missouri professor of law emeritus, says the Supreme Court’s ruling in the Trinity Lutheran Church case changes the narrative in the debate over state funds going towards religious schools.

The 7-2 decision shows it is “a pretty strong foundation for what the law is going to be, and it’s not going to be easily shaken,” Esbeck said.

The Missouri Constitution outlined that no state money could be allocated to any religious organization for any reason, which the court struck down as unconstitutional because it included secular issued like playground resurfacing. Money still can not be “diverted to an explicitly religious purpose, that’s unconstitutional,” Esbeck said.

The court’s decision makes school-choice legislation more possible to pass in state governments. Such legislation would possibly allocate state scholarships for private and/or religious schools.Over 30 states have provisions in their constitution similar to the one ruled unconstitutional in Missouri.

“School-choice legislation takes a variety of forms but a popular idea is an educational trust fund… [that] can give out money to low income students in the form of a scholarship,” said Esbeck, “So they can attend any school that they want, including a private religious school.”