In Washington, Chief Justice John Roberts may be the decisive vote in a significant Supreme Court case deciding whether Oklahoma can establish the first taxpayer-funded religious charter school in the United States. After a prolonged session of discussions, it appears Roberts holds an uncertain position as the court examines this cultural debate concerning church and state separation.
The justices displayed a stark division. Four conservative members voiced strong support for the St. Isidore of Seville Catholic Virtual School and the state charter school board’s decision to approve it. Justice Brett Kavanaugh argued, “They’re not asking for special treatment, not asking for favoritism. They’re simply saying, ‘Don’t treat us worse because we’re religious.’”
Conversely, the three liberal justices showed support for the Oklahoma Supreme Court’s decision, which asserted that the school’s public funding would intertwine church and state, contravening the First Amendment. Justice Elena Kagan emphasized, “Charter schools are in every respect equivalent to regular public schools.”
Justice Amy Coney Barrett abstained from the case without explanation. A potential conflict of interest stems from her affiliation with Notre Dame, where she once taught law, and her friendship with Nicole Garnett, a strong advocate for religious charter schools funded by the public.
Should Roberts align with the liberal justices, the court would reach a 4-4 deadlock, leaving the Oklahoma court’s ruling intact but the larger question unanswered at the national level. However, siding with his conservative peers could align with prior Supreme Court decisions endorsing public funds for religious institutions. These judgements are grounded in the First Amendment’s safeguarding of religious freedom.
Roberts has authored the court’s last three rulings favorable to public funds supporting religious entities, hinting possible support for St. Isidore. He acknowledged the precedent of states being unable to exclude religious participants but noted that the state’s involvement in this scenario is “much more comprehensive” than previous cases, suggesting he might also entertain opposition to the school.
The St. Isidore school, an online K-12 institution, aims to enroll 200 students and integrate Catholic faith into its curriculum. Detractors caution that approving the school could financially impair public schools and potentially disrupt charter school regulations nationwide.
Greg Garre, representing the Oklahoma decision, urged the court to consider the potential wide-ranging implications for charter schools across the United States. He stated, “This is going to have a dramatic effect on charter schools across the country.”
James Campbell, lawyer for the state charter school board, argued that Oklahoma’s charter school law discriminates against religion by promoting diversity while labeling “religion as the wrong kind of diversity.”
This case emerges amid efforts, particularly in states led by conservatives, to incorporate religious elements into public education. Examples include Louisiana’s contested requirement to display the Ten Commandments in classrooms and Oklahoma’s mandate to have the Bible in public school classrooms.
St. Isidore’s proposition, backed by several Republican-led states and religious organizations, has created divisions among Oklahoma’s Republican leaders. Governor Kevin Stitt and Superintendent Ryan Walters support public funding for religious schools, whereas Attorney General Gentner Drummond opposes this move and filed a lawsuit to nullify the board’s approval of St. Isidore.
A central issue is whether the school qualifies as public or private. In Oklahoma and 45 more states including D.C., charter schools are considered public. Recently, North Dakota has allowed for charter schools through new legislation. These institutions are tuition-free, inclusive to all, funded by the state, comply with antidiscrimination laws, and adhere to curriculum and testing oversight, though they are managed by independent boards separate from local public school systems.
Currently, just under 4 million children in the United States, approximately 8% of school-aged students, are enrolled in charter schools.