In the case of Roemer v. Peddie, the Supreme Court of the United States was asked to decide whether a state could constitutionally require a religious school to provide its students with a secular education. The case arose when the state of New Jersey passed a law requiring all private schools, including religious schools, to provide a secular education to their students. The school in question, Peddie School, was a private, non-sectarian school that had been founded by a religious organization. The Supreme Court held that the state of New Jersey had the right to require Peddie School to provide a secular education to its students. The Court reasoned that the state had a legitimate interest in ensuring that all students, regardless of their religious beliefs, received a quality education. The Court also noted that the state had not interfered with the school's religious mission, as it had not required the school to teach any particular religious doctrine. Ultimately, the Supreme Court held that the state of New Jersey had the right to require Peddie School to provide a secular education to its students. The Court reasoned that the state had a legitimate interest in ensuring that all students, regardless of their religious beliefs, received a quality education. The Court also noted that the state had not interfered with the school's religious mission, as it had not required the school to teach any particular religious doctrine.

In the Supreme Court case of Roemer v. Peddie, Justice Scalia wrote a dissenting opinion in which he argued that the majority's interpretation of Title IX was too broad and would lead to unintended consequences. He noted that Congress had not intended for Title IX to be used as a tool for private litigants to sue state governments over educational funding disparities between public schools and private institutions. Furthermore, he argued that allowing such suits would open up states to an endless stream of litigation from disgruntled parents who were unhappy with their children's education or school district policies. Ultimately, Justice Scalia concluded by stating his belief that it was up to Congress—not the courts—to decide how best to address any perceived inequities in educational funding between public and private schools.