US Supreme Court Could OK Religious Public Charter School in Oklahoma

The U.S. Supreme Court on Wednesday heard arguments over what could become the country's first taxpayer-funded religious charter school—and opponents of the St. Isidore of Seville Catholic Virtual School renewed their warnings about the proposal.

Faith leaders, parents, and educators celebrated last June, when the Oklahoma Supreme Court ruled against establishing St. Isidore. The test case for all such schools has now advanced to the country's highest court, which has a right-wing supermajority.

Reporting on over two hours of arguments Wednesday, Law Dork's Chris Geidner wrote that "the religious supremacy movement from the right's majority on the U.S. Supreme Court—with its outside helpers—appeared likely to... OK the first religious charter school in the country."

"Justices Clarence Thomas, Sam Alito, and Brett Kavanaugh appeared eager to do so, and Justice Neil Gorsuch's past writing in a related case signaled his alignment with the move, at least in principle," Geidner detailed. "Chief Justice John Roberts—the key vote then since Justice Amy Coney Barrett has recused herself from the case—appeared to be open to the idea as well."

Other legal reporters also concluded that Roberts appears to be the "key vote," given that the three liberals—Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor—all "expressed significant reservations" about allowing a religious charter school.

According toThe Associated Press:

If Roberts sides with the liberals, the court would be tied 4-4, an outcome that would leave the state court decision in place, but would leave the issue unresolved nationally.

If he joins his conservative colleagues, on the other hand, the court could find that the taxpayer-funded school is in line with a string of high court decisions that have allowed public funds to flow to religious entities. Those rulings were based on a different part of the First Amendment that protects religious freedom.

Roberts wrote the last three of those decisions. He acknowledged at one point that the court had previously ruled that states "couldn't exclude religious participants," suggesting support for St. Isidore.

But he also said the state's involvement in this case is "much more comprehensive" than in the earlier ones, a point that could lead him in the other direction.

American Federation of Teachers president Randi Weingarten said in a statement after the arguments that "we respect religious education and the Founders' intention in separating church and state."

"Public schools, including public charter schools, are funded by taxpayer dollars because they are dedicated to helping all—not just some—children have a shot at success," the union leader said. "They are the bedrock of our democracy, and states have long worked to ensure that they remain secular, open, and accessible to all. They are not, and never have been, Sunday schools."

"The petitioners are seeking to change that," Weingarten warned. "Religious schools should be able to operate in the U.S., but they are not public schools, and they shouldn't be able to get the benefits and the funding yet ignore the obligations and responsibilities."

"Our hope is that the justices will uphold the Supreme Court of Oklahoma's decision, correctly siding with religious pluralism over sectarianism," she concluded. "A reversal would be a devastating blow to public education and the 90% of young people who rely on it. We must preserve and nurture the roots of our democracy, not tear up its very foundations."

The country's other leading teachers union also opposes the establishment of the Oklahoma school. National Education Association president Becky Pringle said in a statement this week that "every student—no matter where they live, what they look like, or their religion—deserves access to a fully funded neighborhood public school that gives them a sense of belonging and prepares them with the lessons and life skills they need."

"Allowing taxpayer dollars to fund religious charter schools would put both public education and religious freedom at risk," Pringle asserted, "opening the door to more privatization that undermines our public education system."

Chris Yarrell, an attorney at the Center for Law and Education, similarly warned in a Common Dreams opinion piece earlier this month that "if the court sides with St. Isidore, the ripple effects could be seismic, triggering a wave of religious charter school applications and fundamentally altering the landscape of public education."

In addition to fighting for a taxpayer-funded religious school, Christian nationalists in Oklahoma want to put Bibles in public school classrooms—an effort the state Supreme Court has temporarily impeded.

The court last month blocked Oklahoma's superintendent of public instruction, Ryan Walters, and education department from spending taxpayer dollars on Bibles and Bible-infused instructional materials.

“This victory is an important step toward protecting the religious freedom of every student and parent in Oklahoma," legal groups supporting plaintiffs who challenged the policy said at the time. "Walters has been abusing his power, and the court checked those abuses today. Our diverse coalition of families and clergy remains united against Walters' extremism and in favor of a core First Amendment principle: the separation of church and state."