Education: Can public schools be religious?
A Supreme Court seems ready to rule in favor of religious charter schools in Oklahoma, which could reshape public education

The Supreme Court appears ready to "bury what remains of church-state separation," said Mark Joseph Stern in Slate. During oral arguments, the court's conservative majority signaled sympathy toward a bid by two Catholic dioceses in Oklahoma to create the nation's first taxpayer-funded religious charter school. Oklahoma's Republican attorney general, Gentner Drummond, sued to block the opening of St. Isidore of Seville, arguing a religious public school would violate state law and the First Amendment's prohibition of government establishment of religion. But to the conservative justices, those arguments amount to little more than "anti-religious bigotry." Justice Brett Kavanaugh complained that Oklahoma's charter program was "open to all comers"—including schools focused on science and Chinese language—"except religion." If, as seems likely, the court compels Oklahoma to fund St. Isidore, it will "transform U.S. public education." Restrictions on religious charter schools in 46 states will be struck down, and every American will be forced "to subsidize the indoctrination of children into faiths they may not share."
Drummond's religion-establishment argument doesn't stand up to scrutiny, said The Wall Street Journal in an editorial. The attorney general has warned that if St. Isidore is approved, Oklahoma taxpayers could be forced to fund religious charter schools that most "would consider reprehensible," including ones run by Islamist extremists. But if Oklahoma approves religious charters from multiple faiths, "how is that an 'establishment of religion'?" Precedent is on St. Isidore's side, said Michael Toth and Gavin Schiffres in National Review. The court ruled in 2022 that Maine's exclusion of sectarian schools from a state tuition program violated the First Amendment's ban on religious discrimination. "Withholding a public benefit from students solely because they attend a religiously affiliated charter school is no less discriminatory."
If St. Isidore prevails, "more difficult controversies await down the road," said Stephen L. Carter in Bloomberg. Liberal Justice Sonia Sotomayor wondered during arguments what will happen if a state-funded religious charter school boycotts part of a state-approved curriculum, such as the teaching of evolution. Will courts allow that under the free exercise clause? And what if a school like St. Isidore decides to block the admission of students from other faiths or those with gay parents? However the court decides in this case, it's clear "the issue of religion and education is far from resolved."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
5 editorial cartoons about ICE raids
Cartoons Political cartoonists take on ICE raids, harvesting Big Macs for Donald Trump, and what to do when Stephen Miller shows up at the front door
-
Grilled radicchio with caper and anchovy sauce recipe
The Week Recommends Smoky twist on classic Italian flavours is perfect to grill, drizzle and devour
-
What we know about Iran's nuclear programme
In the Spotlight The global nuclear watchdog has declared Iran in breach of its non-proliferation obligations for the first time in 20 years
-
Education: America First vs. foreign students
Feature Trump's war on Harvard escalates as he blocks foreign students from enrolling at the university
-
Where will international students go if not the US?
Talking Points China, Canada and the UK are ready to educate the world
-
Colleges are canceling affinity graduations amid DEI attacks but students are pressing on
In the Spotlight The commencement at Harvard University was in the news, but other colleges are also taking action
-
Supreme Court may bless church-run charter schools
Speed Read The case is 'one of the biggest on church and state in a generation'
-
America's academic brain drain has begun
IN THE SPOTLIGHT As the Trump administration targets universities and teachers, educators are eying greener academic pastures elsewhere — and other nations are starting to take notice
-
Schools' Send crisis: how can it be fixed?
Today's Big Question Government urged to reform support for children with special educational needs and disabilities and save councils from bankruptcy
-
The Department of Education is meant to 'advise and assist' US schools
In the Spotlight K-12 gets the attention. The money goes to higher ed.
-
Anti-Israel protests impact a Jewish-rooted university
The Explainer The president of Brandeis University resigned as a result of multiple factors, including his handling of recent protests