There's more to educational freedom than the Espinoza ruling

School choice advocates are in pretty good moods right now. The Supreme Court ruled that if a state has a school choice program, it cannot exclude options simply because they are religious. It is a major win, but at least two more big legal steps must be taken to achieve full equality under the law.

The first step is ending the false distinction, which loomed over the Espinoza decision, between religious “status” and religious “use.” Basically, government cannot keep otherwise available aid from someone because they are religious but can do so if they intend to use the aid to advance religion.