Non-union workers are entitled to protection, but not unreligious taxpayers.
, a case about whether states could require public sector employees to pay a fee to reimburse unions for services state law requires them to provide in the workplace.
In which case do you think the majority cited Jefferson’s majestic words celebrating the separation of church and state? If you guessed, the one that’s actually about the separation of church and state, come on down and collect your prize: You’ve grasped the Roberts court’s contradictory positions on issues of conscience and coercion..
Now turn to this week’s case. When parents tried to use state grant money to pay for tuition at a private Christian school, the Montana Supreme Court struck down the grant program—in its entirety, including for nonreligious schools—citing a Montana constitutional clause prohibiting public aid to sectarian schools.
Not anymore. Distinguishing Rehnquist’s opinion on flimsy grounds, the court held that by fencing out religious schools, the Montana Supreme Court had impermissibly penalized the free exercise of religion. Never mind that, as Jefferson recognized, the state’s dissenting taxpayers have an interest in not seeing their money used to promote religious instruction. Never mind that the court doesn’t usually treat a failure to subsidize as a coercive penalty—take a look atand you’ll see what I mean.
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