SUPREME COURT MAKES SENSIBLE RULING

Last week was a big one for major rulings from the U.S. Supreme Court. None of their momentous decisions was more welcome than the 5-4 decision in Aguilar v. Felton. This was the case in which the court took the unusual step of reversing itself and ruled that public schools could send teachers into parochial schools to teach federally mandated remedial classes. Hooray for the return of practical common sense in Supreme Court rulings.

The court's sensible ruling redresses a situation that was not only needlessly expensive, but even downright stupid. Because public school teachers have been barred from entering parochial schools, these schools were forced to set up trailers or other temporary structures in their parking lots for this purpose. All this so the public teachers wouldn't cross a ridiculous imaginary line without transgressing against "separation of church and state."

This latter phrase has been repeated so often over the last 35 years, since the court's ruling outlawing even nonsectarian prayer in schools, that it has acquired a kind of totemic effect whose repetition is intended to silence all further discussion. It is therefore worth noting, again, that the phrase is nowhere found in our founding documents, but rather comes from a single private letter written by Thomas Jefferson. What the Constitution and Bill of Rights guarantee, between religious sects, is neutrality: That there be no established state church. Part of what the high court is saying is that we run no risk of establishing a state religion for public school teachers to enter parochial premises to teach federally mandated remedial courses.

One other point: The court's reasoning bodes well for the school choice cases that are wending their way toward it from states such as Wisconsin and Ohio. The same "separation of church and state" smokescreens confront champions of parental freedom in education everywhere. It would appear we may now have at least five justices who can see through them.