Supreme Court majority seems open to religious public charter schools
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Caroline Molloy
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A dividedSupreme Court on Wednesday appeared open to allowing the creation of the nation’s first public religious charter school in Oklahoma, a blockbuster move that could reshape American education and redraw the boundary between church and state.
A ruling for St. Isidore of Seville Catholic Virtual School for the first time would allow direct and complete taxpayer fundingto establish a faith-based school, sanctioning government sponsorship of a curriculum that calls for students to adhere to Catholic beliefs and the church’sreligious mission.
The change could have vast — and unpredictable — implications for both parochial, charter and traditional public schools, likely sparking efforts to create similar schools in other states. It would also supercharge a push by the conservative majority on the Supreme Court to give religion new prominence in public life.
During oral argument Wednesday over the legality of St. Isidore, sharp ideologicaldifferences emerged among the justices.
While all three liberals expressed deep skepticism about a religious charter school, there was no clear indication that any conservative members of the court would join them in voting against the proposal. Justice Brett M. Kavanaugh signaled his support, saying that excluding religious schools from the charter school program “seems like rank discrimination.”
“Our cases have been very clear,” he said, referring to recent rulings that have expandedwhen it’s permissible to use tax dollars for religious education. “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 in the United States.”
Chief Justice John G. Roberts Jr., who is almost always in the majority in major cases, asked probing questions of both sides. But Roberts has consistently sided with religious parties to expand the role of faith in public life.
A decision is expected by summer.
