Brief for Council of Islamic Schools in North America, Partnership for Inner-City Education, and Union of Orthodox Jewish Congregations of America as Amici Curiae in Support of Petitioners

Authors

Nicole Stelle Garnett, Notre Dame Law School, Religious Liberty InitiativeFollow
Richard W. Garnett IV, Notre Dame Law School, Religious Liberty InitiativeFollow
Michael H. McGinley, Dechert LLP

Document Type

Brief

Publication Date

3-11-2021

Abstract

No. 20-1088
David and Amy Carson v. A. Pender Makin

On Petition for Writ of Certiorari to the United States Court of Appeals for the First Circuit

From the Summary of Argument

This Court should grant certiorari in order to clarify that any discrimination on the basis of religious status or religious use is subject to “the most exacting scrutiny.” Trinity Lutheran Church of Columbia, Inc. v. Comer, 137 S. Ct. 2012, 2021 (2017).

Comments

Amici curiae operate, represent, and support elementary and secondary schools in three faith traditions: Catholic (Partnership for Inner-City Education), Islamic (Council of Islamic Schools in North America), and Jewish (Union of Orthodox Jewish Congregations of America). Students attending many of the schools that are operated or supported by amici participate in publicly-funded private-school-choice programs. Central to these schools’ religious and educational missions is the integration of faith throughout all aspects of their educational programs, making the status/use distinction employed by the court below both unworkable and discriminatory.

Recommended Citation

Brief for Council of Islamic Schools in North America, Partnership for Inner-City Education, and Union of Orthodox Jewish Congregations of America as Amici Curiae in Support of Petitioners, Carson v. Makin, (No. 20-1088) (U.S. March 11, 2021).