Supreme Court May Allow Taxpayer-Funded Religious Schools

The Supreme Court heard a case this week which could reshape religious freedom and education forever, potentially opening the door for American taxpayers to fund faith-focused schools.

Oklahoma Statewide Charter School Board v. Drummond involves St. Isidore of Seville Catholic Virtual School, which hopes to be the first religious charter school in the United States.

The charter school is explicitly Catholic, teaches Catholic theology, and preaches Catholic values. It also wants Oklahoma taxpayers to fund it – a motion which was denied by lower courts in Oklahoma earlier this year.

They’ve taken the case to the Supreme Court, which heard oral arguments last week and which will rule on the case later this year. And their judgment will either bolster – or, critics fear, take a sledgehammer to – separation of church and state.

Can a state-funded charter school preach religion? That is the question at the heart of the case.

What Is a Charter School?

But first, some background: What is a charter school? Most children attend public schools, which are owned and operated by the state. Private schools are privately owned by a non-government entity (often a church or religious non-profit), and are generally free to teach what they want, including religious dogma.

Charter schools are best understood as a mix between the two; They receive state funds, are accredited by the state, and are beholden to state education standards, but are also run by a private entity and have more leeway in what their students focus on. For example, a charter school might have a stronger focus on the sciences than public schools to prepare students for STEM careers.

Charter schools are also required to be nonreligious by federal law and the state laws of all 46 states they’re legal in. That’s because these schools have long been understood to be “state actors,” able to receive taxpayer funds because they’re essentially a different arm of public education.

Should Public School Be Sunday School?

Administrators at St. Isidore’s see things differently. They argue the school is entitled to taxpayer funds to promote its religious mission – and they aren’t shy about the desire to preach theology.

The Archdiocese of Oklahoma City and the Diocese of Tulsa stated directly that the school will “participate in the evangelizing mission of the church.” They also have the backing of Oklahoma education head Ryan Walters, who stated “there’s been a war on Christianity and our schools have been at the epicenter of that.” 

The Oklahoma Supreme Court shot that down, ruling that their bid for state funds was in violation of the Oklahoma state constitution, the state charter school statute, and the U.S. Constitution.

How Will the Supreme Court Rule?

That the Supreme Court agreed to hear the case in the first place indicate a possible willingness on the Court’s part to side with St. Isidore’s. And early indications are that some justices are feeling swayed by the charter school's argument. 

During oral arguments, Justice Brett Kavanaugh at one point declared: "All the religious school is saying is, 'Don't exclude us on account of our religion.' … And when you have a program that's open to all comers except religion, that seems like rank discrimination against religion."

Other conservative justices offered similar lines of questioning, leading some legal experts to predict a ruling that will indeed pave the way for taxpayer funds to go to religious charter schools. 

Chartering a New Course

Critics warn this would be a massive blow to constitutional precedent, effectively toppling the wall between church and state.

“This is religious public education, fully and directly funded by taxpayers,” argues Rachel Laser, president and CEO of Americans United for Separation of Church and State. “It’s as abject a violation of religious freedom as they come, because it forces taxpayers to fund the heart of religion, religious education for religion that’s not their own.”

Interestingly, despite Oklahoma's recent expansion of religion into public life, the state's own Attorney General is speaking out against the St. Isidore case:

Others ask: what happens if a Satanic charter school were to open and seek state funding? Would taxpayers be on the hook then, or will funds be applied selectively to majority faiths?

Education or Indoctrination?

Critics also pointed out the irony of the Supreme Court hearing Mahmoud v. Taylor in the same session. That case could completely upend how conversations about LGBTQ+ subjects are broached in public schools nationwide, potentially forcing teachers nationwide to avoid even mentioning the existence of gay people, lest they face legal trouble from angry parents.

At the same time, in the very same session, the nation’s highest court could rule that taxpayers should fund explicitly Christian education.

An affirmative ruling for the Supreme Court would undoubtedly open the door to further funding of religious schools across the nation, at a time when public schools are already pinching pennies and struggling to adequately serve students. 

The Supreme Court is expected to issue a ruling this summer.

What do you think? Should religious schools be entitled to funds from taxpayers who may not share their faith values?