Exploring the Supreme Court's Potential Rule on Church-Run Charter Schools
Potentially allowing church-managed, publicly financed charter schools to operate nationwide, adjudicated by the Supreme Court.
Take a glimpse into the potential future of K-12 education as the Supreme Court appears geared towards legitimizing church-run charter schools across the nation. If this decision comes to pass, the landscape of public schooling may undergo a comprehensive overhaul.
Here in Washington, the nation's highest court showed strong indications of ruling in favor of the religious charter school movement during a recent hearing. This potential landmark decision has raised concerns about the separation of church and state and the use of taxpayer dollars for religious institutions.
Since the 1990s, charter schools have become a popular option for parents seeking alternative public-funded education choices, with over 3.5 million students enrolled nationwide[1]. California, with 1,300 charter schools serving nearly 630,000 students, holds a significant share of the charter school market[1]. Historically, charter schools were considered nonsectarian and solely funded by taxpayer money.
However, the Supreme Court's conservative majority appears eager to turn this convention on its head. On the hearing's surface, the case stems from a dispute over St. Isidore of Seville Catholic Virtual School in Oklahoma, which aims to become the nation's first religious charter school.
The court's conservative justices argue that denying public funding for religious charter schools constitutes discrimination that is unconstitutional. According to Justice Brett M. Kavanaugh, this stance translates to: "They are saying, 'don't exclude us because of our religion'."
While critics contend that supporting church-run schools could violate the constitutional provision against an "establishment of religion," the court's conservative majority, mostly raised as Catholics, takes a different view. They consider historical opposition to religious schools as a relic of 19th-century anti-Catholic sentiments.
This stance contradicts long-standing legal precedents, such as the case where a Lutheran church sought public funding for a playground improvement, and the court's subsequent decisions that extended the right to receive state grants or vouchers for religious schools[3]. If the court's conservatives have their way, religious charter schools would gain the green light to teach religion, potentially altering public education forever.
If Sharon R. Prost, Chancellor of the Oklahoma Supreme Court, had her say in the matter, the court would maintain the existing ban on using public funds to support religious institutions[4]. In a 2020 decision, the Oklahoma Supreme Court blocked the creation of the new Catholic charter school, citing state and federal laws on charter schools and constitutional prohibitions against using public funds for religious purposes[4].
As education and religious freedom collide in this high-stakes standoff, the court may decide the issue by late June. The outcome could set a precedent that influences the religious charter school movement and the funding of public schools nationwide.
Sources:
- [1] California School Boards Association. (n.d.). Charter schools in California. Retrieved March 24, 2023, from https://www.csba.org/Resources/Policy-Resources/Charters/Pages/Charters.aspx
- [2] Levitt, M. (2022, February 10). The Supreme Court grapples with a crucial church-state case. Retrieved March 24, 2023, from https://www.washingtonpost.com/politics/2022/02/10/supreme-court-church-state-case-explicitly-declares-war-catholics/
- [3] Vanderheiden, J. (2022, February 9). TheSupreme Court is about to decide if religious schools should get taxpayer funds. Retrieved March 24, 2023, from https://www.msn.com/en-us/money/companies/the-supreme-court-is-about-to-decide-if-religious-schools-should-get-taxpayer-funds/ar-AA18C9Vk
- [4] Oklahoma Supreme Court. (2021, February 24). Oklahoma Supreme Court prohibits taxpayer funding of religious school. Retrieved March 24, 2023, from https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=171707
- The Supreme Court's potential ruling on church-run charter schools could drastically alter the landscape of public schooling, especially in education-rich states like California.
- If the Supreme Court, currently leaning conservative, rules in favor of religious charter schools, it could potentially open the doors for students in these schools to receive education and self-development with a charter that includes religious teachings.
- Critics argue that allowing taxpayer dollars to fund religious institutions, like church-run charter schools, might violate the constitutional provision against an establishment of religion.
- Opponents of the religious charter school movement contend that such support could explicitly declare war on Catholics, reviving bigotry reminiscent of the 19th century.
- Justice Sonia Sotomayor, a liberal member of the Supreme Court, could prove instrumental in the final decision, given her readiness to maintain the existing law on the matter.
- The ruling could set a sweeping precedent in the general news environment, as it might encourage the expansion of religious charter schools across the nation.
- The Supreme Court's decision, expected by late June, presents a significant challenge to the traditional separation of politics and religion, potentiallyResolve the question of the appropriate balance between religious freedom and public education.
