I predicted in early January that the Supreme Court would increasingly take the completely ahistorical position that the legally relevant conflict in America was not between individual religions, but between religion and “secular humanism.” The Carson decision is more evidence that I was right. The Court is determined to prevent what it sees as discrimination against religion by secular authorities even if it means disregarding the clear requirements of the Establishment Clause.
The majority opinion assures us that states are still entitled to operate purely secular public school systems. I am about as comforted by that comment as I am by Alito’s statement in the draft Dobbs decision that abortion is completely distinguishable from birth control or LGBTQ issues. The logic of this decision, and those it cites in support, will ultimately lead to a serious argument that states are required to operate voucher systems for religious schools if they want to maintain secular public schools. At that point, all of us will be required to support schools that espouse religious values with which we have fundamental disagreements with our tax dollars, and American history will have been turned on its head.