On November 6, 2023, an attempt to challenge a 1970 amendment to the Michigan Constitution that disallows payment of “public monies” to private schools was turned down by the U.S. Court of Appeals for the Sixth Circuit. The amendment in question is situated within Article VIII, Section 2 of the Michigan Constitution. Parent Advocates for Choice in Education (PACE), together with five familial parties, posited that the origins of this amendment were decidedly anti-religion, with a particular bias against Catholic institutions. As such, they pursued legal action against the State of Michigan, the Governor, and the Treasurer. Read more.
It is important to note that this particular case calls attention to the broader and increasingly contentious issue of public funding being allocated to private educational establishments. Critics of such funding arrangements often argue that they syphon critical resources which could be used to bolster public education, thereby perpetuating educational inequities. Proponents, on the other hand, believe that families should have the autonomy to choose the educational setting that best fits their child’s needs and that public funds can provide much-needed support for this choice.
For now, it remains to be seen whether PACE and the involved families will appeal the Sixth Circuit’s decision. However, the court’s ruling has already incited discussion amongst legal professionals and educational stakeholders, with some speculating on potential implications for similar cases across the country.
Even as the law remains clear, the debate surrounding “public monies” and who should be entitled to them in the context of education persists. Less tangible but ever potent are implications involving religion, the freedom of choice in education, and the strain the subject places on the divide between church and state.