In a religious liberty dispute involving public education and the eligibility of religious charter schools for government support, the Supreme Court made apparent divides on Wednesday.
The question at hand is whether funding a religious school with public funds goes against the First Amendment’s obligation to keep church and state separate.
The high court seemed split along ideological lines during the more than two hours of extensive oral arguments, with a majority willing to permit St. Isidore of Seville Catholic Virtual School in Oklahoma City to become the nation’s first religious charter school.
The request coincides with a resurgent push to increase the influence of religion in public education in some states with Republican-controlled legislatures.
In a few recent judgments, the conservative high court has permitted the use of public funds for religious organizations to offer “non-sectarian services” such as food banks or adoption.
If the religious charter school’s contract with the state was permitted to proceed, the justices discussed in the public session of the courtroom what restrictions would be placed on curriculum oversight and control.
“Our [prior] cases have made very clear,” Justice Brett Kavanaugh stated. “You can’t treat religious people and religious institutions and religious speech as second class in the United States. And when you have a program that’s open to all comers except religion, no, we can’t do that. We can do everything else. That seems like rank discrimination against religion. And that’s the concern.”
“All the religious school is saying is don’t exclude us on account of our religion,” Kavanaugh continued.
Others on the bench, however, were concerned that the government may favor one religion over another by granting some religious charter schools while rejecting others.
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“What you’re saying is the free exercise clause trumps the essence of the establishment clause,” Justice Sonia Sotomayor said to the state charter school board’s lawyer. “The essence of the establishment clause was, ‘We’re not going to pay religious leaders to teach their religion.'”
According to the First Amendment of the Constitution, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”
Amy Coney Barrett, a justice who is recused in this case, was not on the bench. She did not publicly explain why.
The charter school loses its appeal if the court votes 4–4, upholding the decision below.
Chief Justice John Roberts’ vote could be crucial. He posed challenging queries to all sides.
Regarding the current argument, Roberts once observed: “This does strike me as a much more comprehensive involvement,” by the state, compared to earlier cases involving “fairly discrete” public funds going to religious groups, such as tax benefits and private school tuition credits.
In a rare rift within the Oklahoma government, St. Isidore has the support of the state’s governor, public education chief, and charter school board.
However, Attorney General Gentner Drummond filed a lawsuit to prevent the state charter for the school from being approved, claiming that it was “a serious threat to the religious liberty of all four-million Oklahomans” and that it was a “unlawful sponsorship” of a sectarian institution.
Some Republican state lawmakers and parent organizations support him, arguing that parochial charter school funding will divert funds from public education, particularly in rural areas where funding is already scarce.
But in its application to the charter board, it also indicated, “the School fully embraces the teachings” of the Catholic Church and participates “in the evangelizing mission of the church.”
Shortly after Oklahoma’s highest court ruled against it, the school said it remained “steadfast in our belief that St. Isidore would have and could still be a valuable asset to students, regardless of socioeconomic, race or faith backgrounds.”
The institution is receiving backing from the Trump administration.
According to some Catholic sources, Pope John Paul II designated the namesake, a scholar and archbishop from the seventh century, as the patron saint of the internet in 1997.
Whether St. Isidore, a K–12 online school, is public or private was a major topic of discussion during the high court oral arguments.
The distinction is significant since, in Oklahoma, charter schools are regarded as public, free, and open to everyone. In the 46 states where charter schools are in operation, as well as the District of Columbia, this is accurate.
According to earlier rulings by the Supreme Court, governments may mandate that public schools be secular, but they cannot bar private religious organizations from receiving public contracts and benefits.
The question at hand is whether charter schools are covered by such precedents.
Charter schools, according to Justice Ketanji Brown Jackson, are “a creation and creature of the state.”
According to Justice Elena Kagan, contracts that schools like St. Isidore sign must include the bare minimum of criteria to satisfy state classroom standards under state supervision.
“I’ve just got to think that there are religions that are going to have no problems dealing with all the various curricular requirements and religions that are going to have very severe problems dealing with all the curricular requirement,” she stated.
“I’m suggesting to you is this notion that the state can do this while still maintaining all its various curricular requirements. I mean, either that sort of fantasy land, given the state of religious belief and religious practice in this world or if it’s not, it’s only because what’s going to result is treating, shall we call them majoritarian, religions very differently from minority religions,” Kagan stated.
The question at hand is whether charter schools are covered by such precedents.
Charter schools, according to Justice Ketanji Brown Jackson, are “a creation and creature of the state.”
According to Justice Elena Kagan, contracts that schools like St. Isidore sign must include the bare minimum of criteria to satisfy state classroom standards under state supervision.
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According to data from the Department of Education, an estimated 7,800 charter schools, which function with more autonomy and independence than traditional public schools, are home to around 4 million students, or 8% of the total. Approximately 50,000 pupils are enrolled in more than 30 public charter schools in Oklahoma.
By early summer, a decision should be made.
