Abstract

Although separated by almost a decade, there are two relatively recent United States Supreme Court cases involving the first Amendment religion clauses and educational funding. Both cases involved public monies diverted for sectarian educational purposes. One case brought by a plaintiff challenging the diversion; the other by a plaintiff challenging the cession of the diversion. The comparison, contrast and evaluation of the two cases is the intended goal of this essay and is predicated upon the fact that while both cases essentially yield the same result, neither employs the same justifying foundational argument employed by the other. Finally, understanding these two cases may serve as a predicate to a third educational case now before the United States Supreme Court during the 2021 term.