OKLAHOMA CITY — The Catholic Church in Oklahoma is advocating for taxpayer support for an online charter school that would align with Christian teachings, a proposal that has sparked significant debate and could set a precedent. The Supreme Court is expected to hear arguments regarding St. Isidore of Seville Catholic Virtual School, potentially positioning it as the first religious charter school in the nation.
If the court rules in favor, public funding could be used for religious education, raising concerns among critics about the implications for the separation of church and state. Opponents have voiced fears that such a decision could drain resources from public schools and alter the fundamental framework of charter schools across the country. The case comes amid increasing calls in several conservative states to weave religious instruction into public education, including controversial initiatives to display the Ten Commandments in classrooms.
In recent years, conservative justices have leaned toward decisions that allow public funds to reach religious institutions, a trend that has prompted warnings from some liberal justices. They argue that this could dismantle the constitutional barrier intended to safeguard against the intertwining of religion and government.
The justices are reviewing a 2022 ruling from the Oklahoma Supreme Court, which found that the state board’s approval of the school violated the Establishment Clause of the First Amendment. This clause prohibits government actions that favor one religion over another or religion over non-religion.
Proponents of St. Isidore, supported by various Republican leaders and religious organizations, argue that the Oklahoma Supreme Court’s decision undermines the Free Exercise Clause, which protects individuals’ rights to practice their religion freely. Recently, Chief Justice John Roberts noted that while states aren’t required to fund private education, they cannot exclude private religious schools if they choose to provide support for education.
The discussion has revealed divisions within Oklahoma’s Republican leadership. While Governor Kevin Stitt and State Superintendent Ryan Walters support the use of public funds for religious education, Attorney General Gentner Drummond has opposed the initiative and is pursuing legal action to block the charter school’s establishment.
Central to this debate is whether St. Isidore should be categorized as a public or private institution. Charter schools are considered public entities in Oklahoma and operate under regulations similar to those of traditional public schools, which include adherence to non-discrimination laws and oversight of performance standards. However, they often function independently from local school districts, prompting nuanced arguments about their classification.
If the Supreme Court determines that St. Isidore is a public institution, this might lead to a rejection of its funding proposal. Conversely, a ruling that sees it as a private entity would align with previous cases favoring religious institutions facing discrimination.
The high court’s decision to take the case could hint at a majority inclination towards St. Isidore’s position. It is notable that most justices have personal backgrounds in private and, in many cases, religious schooling.
Walters views this case as essential to expanding parental choice in education, advocating for what he deems a “freedom” in selecting schools, whether religious, charter, or public. He has been vocal in his criticism of efforts to maintain the separation of church and state, framing the initiative as a response to perceived biases against Christianity in schools.
However, critics like Rachel Laser, president of Americans United for Separation of Church and State, argue that using public funds for religious schooling infringes on the constitutional principle of religious freedom. Laser warns that taxpayer support for such institution undermines the integrity of public education by prioritizing one religious ideology over others.
Opposition also arises from local parents and community leaders who fear that diverting funds to religious charter schools would negatively impact public education funding, particularly in rural areas. Parents like Erika Wright emphasize that limited educational resources would be stretched thin, impacting the quality of education available in existing public schools.
A ruling from the Supreme Court is anticipated by early summer, and the outcome could have far-reaching implications for the future of education funding and the role of religion in public schools across the United States.