Federal textbook decision supports all NM students

Last month the U.S. Supreme Court struck a blow for K-12 students no matter where they go to school, as well as taxpayers who are invested in the next generation joining their ranks. Our state justices have been told to reconsider their 2015 ruling barring state tax funds from paying for textbooks at private schools, including religious schools.

It is a learned federal decision that respects the First Amendment’s separation of church and state while honoring New Mexico law and public dollars. Because for almost three decades — until the state Supreme Court ruling — New Mexico helped fund nonreligious textbooks and instructional materials for private schools. Now the highest court in the land has directed New Mexico to reconsider the textbook funding case and refers justices to its Missouri playground decision, which came out the day before. In that case, federal justices said it is unconstitutional to ban public funds from paying for certain projects based solely on a school’s private or religious status.

The New Mexico case, filed in 2012 by parents Cathy Moses of Santa Fe and Paul Weinbaum of Las Cruces against the Public Education Department, claimed the use of public funds to private schools violated the state’s “anti-donation clause” and forced them, as taxpayers, to follow the religious dictates of others.

The state district and appellate courts rejected that argument. Because just as a new playground surface at the Trinity Lutheran Church preschool has everything to do with child safety and nothing to do with the teachings of Martin Luther, providing $1 million in tax dollars to 109 privates schools for books from the secular state textbook list has everything to do with the basics of education and nothing to do with the Bible, Book of Mormon, Torah, Quran, Shreemad Bhagavad Gita — you get the idea. Yet the state Supreme Court unanimously disagreed. As a state and nation we expect all taxpayers to support public schools whether they have children in them or not, because educating the next generation is a priority. The federal Supremes have in essence opined that precept applies to the non-religious hardscape in private schools as well.

And in New Mexico, which is working hard to improve its students’ academic standing on the national stage and raising standards so tomorrow’s workforce is competitive globally, ensuring all students have a level learning field by providing core textbooks is a good decision.

For students and taxpayers alike.