SCOTUS could force Oklahoma to fund Catholic school: ‘A serious threat to everyone’s religious liberty’

The Supreme Court is preparing to decide a case that could have major effects on the separation of church and state and the future of public education in the United States. The case, Oklahoma Statewide Charter School Board v. Drummond, focuses on St. Isidore of Seville, a proposed Catholic online charter school in Oklahoma, and its request for public funding.

If approved, this school would be the first of its kind in the country, and it would include Catholic teachings in every part of its curriculum, even requiring students to take part in religious activities. As reported by AP News, this directly goes against the Oklahoma Constitution, which clearly bans the use of public money for religious institutions.

According to SCOTUS Blog, the case came to the Supreme Court after the Oklahoma Supreme Court rejected the state charter school board’s approval of St. Isidore’s application. The state court said that even though St. Isidore is a charter school, it still functions as a public school and must follow state laws requiring education to be non-religious.

Oklahoma debating whether to fund a religious Catholic school

The court argued that giving public money to St. Isidore would break both the state constitution and the Establishment Clause of the First Amendment, which stops the government from supporting religion. The school and the charter school board argue that refusing public funding to St. Isidore violates the Free Exercise Clause of the First Amendment, which protects religious freedom.

They claim that the state’s refusal to fund a religious charter school unfairly targets religious institutions and families who want their children to attend faith-based schools. Their argument is based on recent Supreme Court decisions that have supported religious institutions in similar cases about public funding for religious education. The federal government’s position has changed depending on who is in power.

Under the Trump administration, the federal government backed the school’s position. It said that charter schools do not carry out duties that only the government can perform, so they should not be treated as government entities.

This view differs from the Biden administration’s earlier stance in a related charter school case, where it took a different position on whether charter schools act as government entities. This disagreement shows how uncertain the legal issues are in this case and how there is no clear legal rule yet on whether religious charter schools can receive public funding.

The Supreme Court’s decision could have wide-ranging effects. If the Court rules in favor of St. Isidore, it could open the door for more public funding of religious schools across the country, changing the way public education works and forcing a reexamination of the relationship between religion and government. This could also affect the federal charter school program, which requires charter schools to be non-religious, as well as Oklahoma’s state charter school system.

Justice Amy Coney Barrett is not taking part in the case because of a conflict of interest, since she was previously connected to a party involved in the case. Her absence leaves the Court with eight justices, making a 4-4 split more likely. If that happens, the Oklahoma Supreme Court’s decision would remain in place.