Washington, D.C. Newsroom, Dec 31, 2020 / 02:15 pm MT (CNA).- The Michigan Catholic Conference is pleased with a recent state Supreme Court decision that requires a lower court to review the constitutionality of a state program which reimburses non-public schools for the costs that the schools incur to comply with health and safety mandates.
The Dec. 28 split 3-3 decision means that the Court of Claims will review the program.
“We’re pleased that the Court of Appeals decision has been upheld and that the Section 152b has been found constitutional by the state’s highest court,” David Malachnik, the vice president for communications for the Michigan Catholic Conference, said Dec. 28. The Michigan Catholic Conference serves as the official public policy voice of the Catholic Church in the state.
“Since the case has been remanded to the Court of Claims, our hope would be for the Court to quickly dispense with its review in order to allow for nonpublic schools to access the long-awaited funding,” he said.
The Michigan Catholic Conference believes “that every student in Michigan should be treated equally in terms of health and safety,” regardless of which type of school they attend, Malachnik added.
The Supreme Court was tied after Justice Elizabeth Clement recused herself from the case due to a conflict of interest; she had been a legal counsel to the governor when he signed into law the reimbursement.
The lawsuit stems from the 2016 appropriation of $2.5 million by the Michigan legislature to non-public schools for reimbursements for complying with state-mandated programs.
The distribution of these funds, however, was blocked in 2017 when a group representing public schools filed suit. The Michigan legislature continued to appropriate funds to non-public schools, despite the pending lawsuit.
Approximately $5.5 million has been appropriated to non-public schools by the Michigan legislature since 2016.
In April 2018, Judge Cynthia Stephens of the Court of Claims ruled that the reimbursement appropriation was unconstitutional. This decision was reversed by a October 2018 decision by the Court of Appeals, who ruled that the money was constitutional.
The Court of Appeals found that reimbursements would cover “incidental costs” that came with the non-public schools complying with state requirements, and would not be the state entangling itself with religion.
Having been unable to sell in churches for well over a year due to the pandemic, we are now inviting readers to support the Herald by investing in our future. We have been a bold and influential voice in the church since 1888, standing up for traditional Catholic culture and values.
Please join us on our 130 year mission by supporting us. We are raising £250,000 to safeguard the Herald as a world-leading voice in Catholic journalism and teaching. For more information from our chairman on contributing to the Herald Patron's Fund, click here
Make a Donation
Donors giving £500 or more will automatically become sponsor patrons of the Herald. This includes two complimentary print/digital gift subscriptions, invitations to Patron events, pilgrimages and dinners, and 6 gift subscriptions sent to priests, seminaries, Catholic schools, religious care homes and prison and university chaplaincies. Click here for more information on becoming a Patron Sponsor. Click here for more information about contributing to the Herald Patron's Fund
