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r/changemyview • … • u/Fit-Order-9468

CMV: Religious tax exemptions are unconstitutional in the US

Carson vs. Markin makes religious tax exemptions unconstitutional by discriminating against non-religious organizations and otherwise providing benefit to an organization by virtue of religious status alone. Religious tax exemptions *specifically exclude* secular organizations from receiving those benefits, and the religious character of those organizations is the sole determinant of whether they receive them.

For context of the case:

>Maine has enacted a program of tuition assistance for parents who live in school districts that neither operate a secondary school of their own nor contract with a particular school in another district.(...) Participating private schools must meet certain requirements to be eligible to receive tuition(...) Since 1981, however, Maine has limited tuition assistance payments to “nonsectarian” schools.

[You can read the ruling here.](https://www.supremecourt.gov/opinions/21pdf/20-1088_dbfi.pdf) The particular clauses that make religious tax exemptions unconstitutional are the following.

>(...) disqualify certain private schools from public funding “**solely because they are religious**.” 591 U. S., at \_\_\_. A law that operates in that manner must be subjected to “the strictest scrutiny.” > >... > >But a State’s antiestablishment interest does not justify enactments that exclude some members of the community from an otherwise generally available public benefit **because of their religious exercise.** > >... > >that benefit is subject to the free exercise principles governing any public benefit program—including the prohibition on denying the benefit based on a **recipient’s religious exercise.**

In this case discriminating between the religious and non-religious. Therefore, specifically religious exemptions are not allowed. I'm sure there's some legal shenanigans going on here that make this okay, but, I have a hard time seeing it if anyone can enlighten me.

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