Public Funding for Faith-Based Schools? Supreme Court Takes on Oklahoma Case

The U.S. Supreme Court has agreed to hear St. Isidore of Seville Catholic Virtual School v. Charter School Board, a case addressing whether a religious charter school can receive public funding. The case centers around a proposed online Catholic charter school in Oklahoma that was denied authorization by the state’s Charter School Board. The board concluded that approving a religious charter school would violate both state law and the Establishment Clause of the First Amendment, which prohibits government funding of religious instruction.

The Archdiocese of Oklahoma City and the Diocese of Tulsa, which sponsored the school, argue that denying their application violates the Free Exercise Clause and the Supreme Court’s recent precedents in Espinoza v. Montana Department of Revenue and Carson v. Makin. Both cases held that governments cannot exclude religious institutions from public benefits solely based on their religious status. Opponents, including the Charter School Board and advocacy groups, argue that publicly funded charter schools are a form of state action and must remain secular to avoid entanglement with religion.

This case has broad implications for the separation of church and state and could redefine the legal framework for publicly funded education. If the Court sides with the school, it could pave the way for religious charter schools nationwide, significantly expanding the reach of taxpayer dollars to religious education.

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