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Supreme Court Possibly on Brink of Approving First-Ever Taxpayer-Funded Catholic Charter School
- ForAmerica
- May 1
- 2 min read
On Wednesday, the Supreme Court held oral arguments over whether a religious charter school could receive taxpayer funding.
If this happens, it will be the first time a religious charter school has ever been backed by taxpayers dollars, setting a precedent.
The New York Post reported, "The eight justices splintered along ideological lines during oral arguments in the blockbuster case over whether the Sooner State’s charter school board can approve the application of St. Isidore of Seville Catholic Virtual School."
"With Justice Amy Coney Barrett recusing from the case, the decision could come down to Chief Justice John Roberts, who was largely quiet during arguments but sounded sympathetic to St. Isidore’s application," the Post noted.
Conservative Justice Brett Kavanaugh argued, “All the religious school is saying is don’t exclude us on account of our religion. Our cases have made very clear — I think those are some of the most important cases we’ve had — of saying you can’t treat religious people and religious institutions and religious speech as second-class.”
Kavanugh continued, “When you have a program that’s open to all comers except religion, that seems like rank discrimination against religion.”
The Post continued, "In June 2023, the five-member Oklahoma Statewide Virtual Charter School Board approved St. Isidore’s operation application in a 3–2 vote. A feud quickly emerged, pitting Republicans in the state against one another."
"Oklahoma Attorney General Gentner Drummond sued the Board in response, arguing the approval was illegal and fretting that the move would 'open the floodgates and force taxpayers to fund all manner of religious indoctrination, including radical Islam or even the Church of Satan," the story observed.
Both President Trump and Oklahoma's Republican governor have backed the school.
The left-leaning justices worried about religious charter schools and the potential to favor one religion over another.
Left-leaning Justice Sonia Sotomayor told the attorney for the state’s charter school board, "Really, what you're saying is the free exercise clause trumps the essence of the establishment clause. The essence of the establishment clause was, 'We're not going to pay religious leaders to teach their religion."
Chief Justice John Roberts asked, “What do you do with Fulton [v. City of Philadelphia] — the state agency that refused to deal with the religious adoption services. We held they couldn’t engage in that discrimination."
"How is that different from what we have here?” Roberts added.
The Supreme Court will not make a decision on this case until the end of June, which could go the school's way or possibly end in a 4-4 split.
Regardless, it could soon be a new day in America for Christian schools and Christians in general in the near future.
I hope they do make it possible for Catholic Schools to become charter schools. My son was suspended for two weeks for playing finger guns on the playground. I moved him to what I could afford, a Methodist School. The education was pretty good and he grew a good man. If they extend Charter for all Catholic Schools, not just the well to do will finally be able send their children and break away from the Public Education System.