Catholic church, private schools sue to change SC Constitution over COVID relief funds
Resuscitating the legal battle over whether coronavirus relief money can be spent on South Carolina’s private schools, a new federal lawsuit calls for removing the very amendment in the state constitution that bars South Carolina from using public funds for the direct benefit of private and religious schools.
Announced Wednesday, the federal civil rights lawsuit argues Article XI, Section 4 of the South Carolina Constitution should be removed because the law itself was “born of bigotry and prejudice, based on race and religion.”
This latest legal challenge is backed by a powerful contingent that together represents more than 50 religious and independent schools in South Carolina.
The 14-page suit was filed by Bishop Robert E. Guglielmone, the head of the Roman Catholic Diocese of Charleston. The diocese covers the entire state of South Carolina, and has 33 K-12 schools.
Also joining the lawsuit is the South Carolina Independent Colleges and Universities, a nonprofit that represents 20 of the state’s independent colleges and universities, including five historically Black colleges and universities.
It the latest attempt at securing federal relief dollars for private and religious schools. Last year, the South Carolina Supreme Court twice stopped Gov. Henry McMaster from trying to spend $32 million in tax dollars on state private schools.
Ahead of a Wednesday morning press conference at St. Anthony of Padua Catholic School in Greenville, Guglielmone said the legal challenge is not only about expunging “the anti-Catholic sentiment” that still haunts the state, but to create a “more inclusive, uplifting future” for parents and children who seek out private education.
“Many families have been significantly hurt by the COVID pandemic and they should not be denied financial assistance based on where they desire to send their children to school,” Guglielmone said.
The lawsuit was brought by attorneys at the Liberty Justice Center, a conservative public interest law firm based in Illinois.
Check back for updates on this developing story.
