Some religious leaders have simply decided to break the law. Among them is Pastor Derek Rogers of the Cowboy Church of Corsicana, Texas, who last week told his congregants to vote for Trump while attacking Democrat Joe Biden.

Texas doesn’t have a voucher plan – although some legislators have pushed them over the years. If the state did have vouchers, there would likely be nothing to prevent Covenant Christian Academy from discriminating against students like Devin even as it raked in taxpayer support.

“When it comes to balancing the welfare of children in need of loving homes with the interests of government contractors paid to work with the foster parents who will provide those homes, there is no contest,” said Americans United Legal Director Richard B. Katskee. “The Supreme Court should affirm that the Constitution’s promise of religious freedom does not confer a right to harm others."