The US Supreme Court recently reached a deadlock concerning the establishment of the first religious charter school in the United States, thereby preserving the Oklahoma Supreme Court’s ruling that deems the proposed Catholic charter school unconstitutional. The lack of consensus among the Justices leaves the lower court’s decision intact, with no further explanation provided by the Supreme Court (split evenly).
The effort to establish St. Isidore, a Catholic school in Oklahoma, was spearheaded by the Archdiocese of Oklahoma City and the Diocese of Tulsa, with sponsorship from the Oklahoma Charter School Board. However, the Oklahoma Supreme Court’s opinion articulated by Justice James Winchester emphasized that the school, being an instrument of the Catholic Church, aligns with a mission of evangelization within its educational pursuits, thereby violating the Oklahoma Constitution. The state constitution explicitly disallows the use of public funds for religious establishments, a point underscored by Justice Winchester in his ruling.
Further complicating matters, the proposed school’s contract was flagged as unconstitutional. The Oklahoma Supreme Court referenced the Oklahoma Charter Schools Act, which mandates public schools to maintain a secular stance, stating that St. Isidore’s religious nature would conflict with this requirement. The state’s constitutional framework upholds the separation of church and state as foundational to its public education system.
The court also contended that the contract violated the Establishment Clause of the First Amendment, which prohibits public schools from mandating religious participation. While defendants argued that preventing the establishment of St. Isidore infringed on their Free Exercise Clause rights, the court maintained that the clause did not apply, as St. Isidore was designed to function within the public educational system and would be the beneficiary of state funds.
In a dissenting voice, Justice Dana Kuehn argued that the ruling overlooked the possibility for sectarian organizations to contribute to secular education under specific circumstances. Justice Kuehn expressed concern that labeling charter schools as inherently public through semantics undermines First Amendment rights by discriminating against religious entities in favor of nonsectarian ones.
The ruling aligns with views from advocacy groups such as the ACLU, with the Director of its Program on Freedom of Religion and Belief, Daniel Mach, asserting that “a religious school can’t be a public school and a public school can’t be religious,” a sentiment echoed by ACLU National Legal Director Cecillia Wang, who emphasized the necessity for public schools to remain inclusive and secular. More coverage is available here.