Tulsa judge got it wrong

Oklahoma parents of children with special needs no longer will be able to receive education scholarships for their children if a ruling by Tulsa County District Judge Rebecca Nightingale is not overturned on appeal.

Law professor Andrew Spiropoulos makes the case that it should be:

If the Henry program breaches the wall of separation between church and state, then so does every state-funded program where an individual can choose the provider of the service. If a Medicaid patient receives care at a Catholic hospital or a recipient of a state-funded higher education scholarship attends a church-affiliated university, the school districts' arguments require that these important and long-standing programs be invalidated. I don’t think that’s what the framers of our constitution had in mind.