Supreme Court fight over Catholic charter school could clear the way for taxpayer-funded religious schools
The Supreme Court will hear arguments Wednesday in a blockbuster dispute over the nation맥스카지노s , a case that critics say has prompted a 맥스카지노crisis of identity맥스카지노 in the school choice movement and that could vastly expand taxpayer funding for religious education.
The battle over St. Isidore of Seville Catholic Virtual School in Oklahoma has pit public school officials, traditional charter school advocates and the state맥스카지노s Republican attorney general against powerful religious groups who say a series of recent opinions from the court맥스카지노s 6-3 conservative majority has all-but already decided the case in their favor.
Charter schools 맥스카지노 privately run but publicly funded 맥스카지노 serve 3.8 million students in the U.S., offering an alternative to traditional public schools that are intended to be more innovative and less bound by state regulations. The concept took off in the 1990s and, by the 2023 school year, there were some 8,000 .
A ruling for St. Isidore could effectively redefine charter schools as private entities, even though most state laws 맥스카지노 including Oklahoma맥스카지노s 맥스카지노 deem them to be public schools. That could open the door to other religious charter schools applying for funding, critics say, or it could prompt some states to restrict the schools or abandon them altogether.
맥스카지노Charter schools now face a critical moment,맥스카지노 the National Alliance for Public Charter Schools, which has advocated for the schools, told the Supreme Court this month. 맥스카지노This case presents an existential threat not just to the fabric of public charter schools, but to their continued existence.맥스카지노
Rachel Laser, president of Americans United for Separation of Church and State, said a decision for the school would represent a 맥스카지노dangerous sea change for our democracy.맥스카지노
맥스카지노Public schools that are open to all children are the bedrock of our communities and our democracy,맥스카지노 Laser told CNN. 맥스카지노Dividing public schools 맥스카지노 and public-school students 맥스카지노 along religious lines is the last thing our already-divided country needs.맥스카지노
But those supporting St. Isidore say charter schools operate more like private contractors, regardless of how they맥스카지노re categorized in state law. For instance, they argue, no one believes Boeing or Lockheed Martin become a public entity just because they manufacture aircraft and missile systems for the military.
And, they point out, a string of recent decisions from the Supreme Court맥스카지노s conservative majority have found government efforts to separate church from state amount to unconstitutional discrimination of religion.
The K-12 virtual school, named after the informal patron saint of the internet, was created by the Archdiocese of Oklahoma City and the Diocese of Tulsa.
맥스카지노St. Isidore is a private entity seeking to participate in Oklahoma맥스카지노s charter school program,맥스카지노 the school told the Supreme Court this year. 맥스카지노The free exercise clause prohibits the state from denying St. Isidore and its future students this opportunity solely because it is religious.맥스카지노
Started on the playground
The groups supporting St. Isidore note that the Supreme Court has time and again sided with religious groups in similar disputes in recent years. This case, they argue, is a natural continuation of that line of rulings.
In 2017, the court ruled that Missouri could not bar a Lutheran church from applying for a competitive state grant for playground resurfacing. In a quote that is often repeated throughout the briefing in the St. Isidore case, Chief Justice John Roberts wrote that Missouri맥스카지노s effort to deny funding solely because the applicant was a church was 맥스카지노odious to our Constitution.맥스카지노
An unusual mix of justices, including liberal Justice Elena Kagan and conservative Justice Anthony Kennedy, often viewed as a swing vote, backed Roberts맥스카지노 view.
Three years later, the court again sided with religious groups objecting to a Montana scholarship program that 맥스카지노 citing the First Amendment맥스카지노s prohibition against 맥스카지노establishing맥스카지노 religion 맥스카지노 barred religious schools from taking part. The court said a state doesn맥스카지노t have to provide taxpayer funding to private schools. But if it chooses to do so, it cannot block the money from going to religious schools.
In that opinion, the court split along ideological lines, with conservatives in the majority and liberals dissenting.
More recently, the court ruled along ideological lines in 2022 that from a public tuition assistance program that allows parents to use vouchers to send their children to public or private schools.
맥스카지노Regardless of how the benefit and restriction are described, the program operates to identify and exclude otherwise eligible schools on the basis of their religious exercise,맥스카지노 Roberts wrote.
In that case, Justice Stephen Breyer, then the court맥스카지노s senior liberal, questioned whether a fight over charter schools was coming next.
It turns out, he was right.
맥스카지노Does it mean that school districts that give vouchers for use at charter schools must pay equivalent funds to parents who wish to give their children a religious education?맥스카지노 Breyer joined by liberal Justices Sonia Sotomayor and Kagan.
Barrett backs out
The Oklahoma Supreme Court last year, concluding that St. Isidore is a public school and therefore 맥스카지노must be nonsectarian.맥스카지노
The school and the Oklahoma Statewide Charter School Board appealed to the U.S. Supreme Court last fall.
When the high court agreed to hear arguments earlier this year, one member of the Supreme Court맥스카지노s conservative majority 맥스카지노 Justice Amy Coney Barrett 맥스카지노 announced she had bowed out of the case. The decision to recuse herself, which Barrett did not explain, opens the possibility of a split 4-4 court, which would effectively block St. Isidore from opening its doors.
Barrett, who was nominated to the bench by President Donald Trump during his first term, is a former law professor at Notre Dame. The school맥스카지노s Religious Liberty Clinic is part of the team representing St. Isidore.
A few months after Barrett was sworn in, she sold her home in Indiana to a recently hired professor who was taking on a leadership position at the clinic.
Michael Moreland, a law professor at Villanova University who specializes in religion, predicted that Barrett맥스카지노s recusal probably won맥스카지노t make a big difference. There were five other conservative votes siding with the religious position in the other recent decisions involving education funding.
Moreland warned against 맥스카지노catastrophizing맥스카지노 the potential impact of a ruling for St. Isidore. Exactly how far the decision reaches will depend on how broadly the court rules and whether a state맥스카지노s charter school law is similar to Oklahoma맥스카지노s.
맥스카지노A lot of this will depend on the particularities of each state맥스카지노s charter school mechanism,맥스카지노 he said.
맥스카지노The more it looks like a traditional public school, that makes it look more like a government school,맥스카지노 Moreland said. 맥스카지노But of course, part of the political impetus behind charter schools was to provide a measure of choice 맥스카지노 that wasn맥스카지노t afforded by the traditional public-school models.맥스카지노
What is possible, some experts fear, is that state lawmakers would change their charter laws to make the schools look more like traditional public schools. And that, they say, could undermine a central purpose of the schools: Freedom from too much state control.
맥스카지노Charter schools across the board will face a crisis of identity,맥스카지노 the National Alliance for Public Charter Schools told the Supreme Court as it attempted to frame the effect of a win for St. Isidore. 맥스카지노Unable or unwilling to sponsor private charter schools, some states may decide to place charter schools under the type of uniform, top-down oversight that stifled public school innovation in the first place.맥스카지노
A 맥스카지노test맥스카지노 case?
Robert Franklin, the former chairman of the state board that reviewed the St. Isidore application, says he felt like a pawn in a much bigger effort to bring a test case before the nation맥스카지노s highest court.
The church could have created a virtual school with its own resources, Franklin said, avoiding the bureaucracy involved with attempting to access taxpayer money. Instead, he said, the school took the hard route.
맥스카지노It just seemed really unnecessary,맥스카지노 Franklin told CNN. 맥스카지노A march toward an agenda from a national perspective.맥스카지노
Advocates involved with creating the school have denied they were motivated by setting a precedent with nationwide impact.
But the school맥스카지노s journey to approval was a winding one. Oklahoma Gov. Kevin Stitt and the state맥스카지노s former attorney general, John O맥스카지노Connor, both Republicans, supported the application. When Oklahoma Attorney General Gentner Drummond took office in 2023, he withdrew an opinion from O맥스카지노Connor supporting the school and ultimately sued the board to try to stop its approval.
Drummond has argued that allowing the Catholic Church to receive taxpayer dollars clears the way for other religions to do so as well.
맥스카지노I for one do not want my tax dollars funding the teaching of radical Sharia law or the blasphemous tenets of the Church of Satan,맥스카지노 Drummond said last year.