Background: Skeptical of power of est churches to create factions. D/n want any tax $ to support the church. Believe a just state can only pursue secular interest, those that concern all the ppl—c/n aid/inhibit religion. Favor a neutral state with equal respect for all religions. (Jefferson, Madison). Cases cluster around concern about indoctrinating elements of public education. Applied to laws which bear about formation/change of conscientious belief.
All public schools: Should have all public schools b/c everyone should go to school together for secular state purpose of integration/common moral education. Tawney’s book: British fractured by class b/c historically went to different schools. Policy of Brown v. Bd of Ed
Private and public schools: Dominantly public schools but can send child to private/parochial school.
Pierce v. Society of Sisters (impt free exercise case) state c/n compel all children to go to public schools. Parents have constitutional rt to choose education of children and can send them to parochial school or else their free exercise rt would be violated.
But not made easy b/c of anti-est clause—taxes go to ed of public schools not to religious schools.
All private schools: vouchers given to everyone: secular purpose would be minimum educational competency which state would regulate and excellence.
Pros: Greater diversity, encourages intellectual prowess and individuality. More competition among schools and more moral independence w/out stultifying atmosphere of not valuing education. John Stuart Mill thought public ed would be tyrannical and would stultify human individuality.
Cons: Worry that this would lead to more self-segregation by class, race and religion. Funded through property taxes which makes some public schools better than others. Exclusionary zoning which prohibits diversity. May further extremism and isolation—no national standard curriculum—need accountability for tax money. Private schools based on ability to pay not always intelligence.
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