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Supreme Court Seems Open to a Religious Charter School in Oklahoma

The New York Times's profile
The New York Times
4h ago

The Supreme Court is deliberating on whether Oklahoma can use government funds to run the nation's first religious charter school, St. Isidore of Seville Catholic Virtual School, which incorporates Catholic teachings throughout its curriculum. This case raises the question of whether the First Amendment allows or mandates states to sponsor and finance religious charter schools, potentially broadening the reach of religious institutions in public education and challenging the separation of church and state. The justices are divided along ideological lines, with Republican appointees generally supportive and Democratic appointees cautious, while Justice Amy Coney Barrett's recusal raises the possibility of a tie. The case follows previous decisions where the court ruled that states must allow religious institutions to participate in public funding programs if they choose to fund private education. A decision in favor of St. Isidore could significantly impact laws across 46 states with charter school systems, blurring existing distinctions between government funding for private versus directly religious education.

Supreme Court Seems Open to a Religious Charter School in Oklahoma

The Supreme Court is considering a case that could pave the way for the establishment of the first religious charter school in the United States, which would be funded by government money and integrate Catholic doctrine into its curriculum.

Justice Brett M. Kavanaugh argued that excluding St. Isidore from Oklahoma's charter school system would amount to discrimination against religion, while the main legal issue is whether the First Amendment supports or requires states to finance religious charter schools.

The court's decision could extend the trend of favorable rulings for religious institutions, affecting the balance between church and state and potentially leading to an increase in religious charter schools across the country.

Justice Amy Coney Barrett recused herself from the case, which may lead to a tie if one Republican appointee sides with the Democratic justices, maintaining the state court's decision against the school.

Previous Supreme Court rulings, such as those regarding Maine and Montana, have determined that states must include religious schools in publicly funded tuition programs if they fund private education, but the current case involves more direct state involvement in the charter school's operations.

Chief Justice John G. Roberts Jr. has recognized the comprehensive involvement of Oklahoma in the proposed school, suggesting that a decision supporting the school could blur established lines between public funding for private and religious schooling.

The case is part of a broader pattern of legal challenges related to religion, with recent arguments before the court also addressing issues of religious tax exemptions and parental rights regarding religious objections to school curricula.

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