The Bill of Rights Was Written to Help These Parents

What good is the establishment clause if you can never use it? That’s the takeaway from a federal appeals court that refused to entertain a claim by parents in a New York town who allege that the Hasidic majority of the school board is illegally diverting money to religious institutions.

The court relied on a narrow interpretation of the doctrine of standing, holding that the parents’ case couldn’t continue because they hadn’t been directly harmed by exposure to an unwanted religious law or message. This would be a shock to the Founding Fathers, who staunchly opposed spending tax dollars on religious causes -- but weren’t much troubled by government endorsement of religion. The appeals court’s decision stands the Framers’ establishment-clause values on their head.