http://www.scotusblog.com/wp/religious-symbols-and-funding-the-feldmanbalkinberggarnett-debate/ The Supreme Court of the United States blog Thu, 26 Jun 2008 21:56:34 -0700 http://wordpress.org/?v=2.8.5 hourly 1 http://www.scotusblog.com/wp/religious-symbols-and-funding-the-feldmanbalkinberggarnett-debate/comment-page-1/#comment-7701 Jeff Thu, 30 Jun 2005 18:35:53 +0000 http://www.scotusblog.com/wp/uncategorized/religious-symbols-and-funding-the-feldmanbalkinberggarnett-debate/#comment-7701 "Current law is governed" in direct aid cases by Justice O'Connor's opinion in Mitchell--and not by the majority opinion in Zelman v. Simmons-Harris--only because of Justice O'Connor's insistence (in her concurring opinions in both cases) on the rather metaphysical distinction between a voucher-type law and direct per-capita aid. Take that distinction away, and nothing prevents direct aid from being used for specifically religious activities, including indoctrination, as long as the aid is made available on religion-neutral terms and no one is coerced. This diaphanous distinction is the only thing in the current law that restrains the intense desire of legislative majorities in many places to fund religion directly (so long as neutrality and non-coercion obtain). Can it bear that pressure? “Current law is governed” in direct aid cases by Justice O’Connor’s opinion in Mitchell–and not by the majority opinion in Zelman v. Simmons-Harris–only because of Justice O’Connor’s insistence (in her concurring opinions in both cases) on the rather metaphysical distinction between a voucher-type law and direct per-capita aid. Take that distinction away, and nothing prevents direct aid from being used for specifically religious activities, including indoctrination, as long as the aid is made available on religion-neutral terms and no one is coerced. This diaphanous distinction is the only thing in the current law that restrains the intense desire of legislative majorities in many places to fund religion directly (so long as neutrality and non-coercion obtain). Can it bear that pressure?

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