1 hour ago · 7 min read1342 words · Politics · hide · 0 comments

Shifting Conceptions of Neutrality and Equality in St. Mary v. Roy What do neutrality and equality require? These terms have different meanings that can be combined in various ways. The result can be a slippage from neutrality or equality into their opposites. An example is St. Mary Catholic Parish v. Roy, which will be argued in the Supreme Court on Tuesday. There, the Becket Fund is mixing different conceptions of neutrality, taken from distinct lines of cases, to generate preferential protection for religion. In St. Mary, Becket is challenging Colorado’s universal preschool program. Colorado now offers free education to all four-year-olds using a mixed delivery system that includes public and private schools. Participating preschools must meet certain quality standards, and they must adhere to equal opportunity provisions that prohibit discrimination in admission on protected grounds, including “race, ethnicity, religious affiliation, sexual orientation, gender identity, lack of…

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