The trinity of education subsidy cases, as manifested by Trinity Lutheran (2017), Espinoza (2020), and now Carson (2022), has created an emergent pattern in education funding cases, which we call the Holy Trinity. The Holy Trinity of cases, in which Chief Justice John Roberts authored each of the cases, moved from benevolent neutrality to policy abdication, which relinquishes the establishment clause principles in favor of religious freedom even with negative consequences to minoritized perspectives and identities. Based on these cases and their progenies, the authors illuminate a pattern in which the legal proceedings from educational funding subsidies addressing religious rights extend much further than just emphasizing the neutrality rules and adding accommodationism. Instead, these proceedings have an unintended effect of also potentially harming minoritized perspectives and identities (e.g., LGBTQIA+ community, non-Christian hegemonic beliefs, and principles of cultural inclusion).
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Oct
26