WASHINGTON – Should tax dollars be used to pay for parents to send their kids to religious schools? That’s the question at the heart of a major Supreme Court case.
On Wednesday, justices heard arguments over whether Oklahoma can fund a Catholic charter school with public money — a decision that could open the door to funding for faith-based education nationwide.
At the center of the debate is St. Isidore of Seville Catholic Virtual School, a proposed charter school that plans to teach religious doctrine. Supporters argue that blocking religious charter schools from receiving state funds is discriminatory. Opponents contend it would amount to government endorsement of religion, violating the Constitution’s Establishment Clause.
Outside the court, demonstrators on both sides voiced their passion through chants and prayer.
“We’re seeing a crisis in our education system, and parents standing up across the country asking for more options. And this is a beautiful option for parents to have more options in the state of Oklahoma,” said Kate Anderson with Alliance Defending Freedom.
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During oral arguments, justices probed whether charter schools, though publicly funded, are private enough to include religious teaching without crossing constitutional boundaries.
Justice Ketanji Brown Jackson challenged the argument that Oklahoma is denying a public benefit. “Saint Isidore doesn’t want to establish a secular school, which is what the public benefit is. Instead, they want to establish a religious school,” said Justice Jackson. “So as I see it, it’s not being denied a benefit that everyone else gets. It’s being denied a benefit that no one else gets, which is the ability to establish a religious public school.”
Civil liberties organizations, like Americans United for Separation of Church and State, warned of broader implications. “If the U.S. Supreme Court allows Oklahoma to create a religious public school, it will be a dangerous sea change for our democracy,” said Rachel Laser, president and CEO of the group.
Oklahoma Attorney General Gentner Drummond, who opposes the school’s creation despite being a Christian, argued that the precedent could open the floodgates to publicly funded schools representing all faiths, including Wiccan or Satanic institutions.
“We’ve already had the Church of Satan that’s sought an application they could fill out,” said Drummond. “They think this is lovely — the Christians are going to fund Satanic worship and indoctrination.”
However, State Superintendent Ryan Walters, who sits on the state’s charter school board, defended the initiative as a matter of parental rights and religious liberty.
“That means a free ability to choose a school of your choice, whether it’s a religious education, whether it’s a charter school, public school, home school, all of the above,” Walters said.
Some justices, including Brett Kavanaugh, emphasized the importance of treating religious institutions equally under the law. “You can’t treat religious people and religious institutions and religious speech as second-class in the United States,” he said.
Justice Amy Coney Barrett recused herself from the case without explanation, though it may be linked to her affiliation with Notre Dame Law School, which is connected to a nonprofit supporting St. Isidore. Her absence raises the possibility of a 4-4 split — an outcome that would leave the lower court’s ruling against the school in place without setting a national precedent.
A final decision is expected by the end of June.
