California has long had a hard ban preventing public school funding from going toward any sectarian instruction or sectarian schools. But now families in at least two federal lawsuits in California, encouraged by a Supreme Court that has been friendly to many religious liberty cases, are challenging that prohibition, which they argue discriminates against religious families.
'The Supreme Court has had several recent cases where they've said that if a state offers a benefit, they can't discriminate against people who use that benefit just because they're religious,' said Justin Butterfield, an attorney for the Woolard plaintiffs and part of the national law group First Liberty Institute.
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