Judge Brett M. Kavanaugh, in a speech last year, gave a strong hint at his views on taxpayer support for religious schools when he praised his “first judicial hero,” Justice William Rehnquist, for determining that the strict wall between church and state “was wrong as a matter of law and history.”
Mr. Rehnquist’s legacy on religious issues was most profound in “ensuring that religious schools and religious institutions could participate as equals in society and in state benefits programs,” Judge Kavanaugh, President Trump’s nominee to succeed Justice Anthony M. Kennedy on the Supreme Court, declared at the American Enterprise Institute, a conservative research organization.
.. Can a church-school playground pave the way for taxpayer funding to flow to private and parochial schools for almost any purpose?
Over his decades-long legal career, Judge Kavanaugh has argued in favor of breaking down barriers between church and state. He has filed friend-of-the-court briefs in support of school prayer and the right of religious groups to gain access to public school facilities. He was part of the legal team that represented former Gov. Jeb Bush of Florida in 2000 when he defended a school voucher program that was later ruled unconstitutional. The program had used public funds to help pay the tuition of students leaving some of the state’s lowest-performing schools for private or religious schools.