WASHINGTON (AP) — The Catholic Church in Oklahoma wants taxpayers to fund online charter schools “believing in the teachings of Jesus Christ.” supreme court You can approve it.
Saint Isidor, Sebil Catholic Virtual School, will be the country’s first religious charter school. A decision from the High Court would almost certainly lead to others to allow public funds to flow directly to religious schools.
Opponents warn that it could blur the separation between church and state, sap money from public schools, and overturn rules governing charter schools in almost every state.
The court hears the argument on Wednesday in one of the most closely monitored terms.
The case comes to court in efforts to insert religion into public schools, primarily in conservative-led state efforts. They include the requirements for challenged Louisiana The Ten Commandments It will be posted to the classroom and a Delegation The Bible will be placed in public school classrooms from the Oklahoma state school supervisors.
Conservative justice in recent years has made a series of decisions that allow religious institutions to use public funds and guide liberal justice. Sonia Sotomayor The court lamented that “we continue to dismantle the wall of separation between the church and the state that Framers fought to build.”
Justice reviews the Oklahoma Supreme Court Last year’s decision There, the majority have nullified the state board’s approval of applications jointly submitted by two Catholic dios in Oklahoma.
The K-12 Online School had planned to launch its first 200 enrollee classes last fall.
The Oklahoma High Court has found that board approval violates the First Amendment Establishment clausebans the government from “respecting the establishment of religion.”
The state board and school, backed by a series of Republican-led states and religious and conservative groups, argue that the court’s decision violates another part of the First Amendment, which protects religious freedom. The freedom movement clause is the basis of a recent Supreme Court decision.
“The state doesn’t need to subsidize private education,” wrote Judge John Roberts in one of these 2020 decisions.
The incident separates some of the state’s Republican leaders, with Gov. Kevin Stitt and public leader Ryan Walters supporting the concept of public funding for religious schools.
The key question in this case is whether the school is open or private. The charter school is open to Oklahoma and is considered to operate in 45 other states and the Columbia district.
They are free and open to everyone. Approximately 8% of American school children are enrolled in charter schools.
“Charter schools definitely offer important educational innovations, but they are responsible for all the classic indicators of public schools,” Drummond’s lawyer wrote in a Supreme Court filing.
They include receiving state funds, complying with anti-discrimination laws and submitting to curriculum and testing oversight. However, the schools are also run by independent committees that are not part of the local public school system.
“Charter schools are called public schools, but they are completely different entities,” said Nicole Garnett, a professor at the University of Notre Dame, a leading advocate for publicly funded religious charter schools. Other professors Notre Dame are part of the St. Isidor Legal Team.
If the court finds the school is open or is “a state actor,” that could lead to a judgment against St. Isidor. Instead, if the school finds it private, the court is more likely to see this case, as it did in a previous case that discovered discrimination against the religious system.
Even the court agreed to take on the matter now may suggest that the majority is on St. Isidor’s side.
The Oklahoma State Court is the only court that governs religious charter schools, and only eight justice have heard of the case. Judge Amy Connie Barrett rejected herself without explanation. Barrett previously taught law at Notre Dame and is a close friend of Garnett.
The current courts are very familiar with private, especially religious education. Six judges attended Catholic schools as children, and almost all of the children in the judiciary attended or went to private schools, including religious schools.
Walters, the principal of the state school, sees the St. Isidor’s case as the “next frontier” in his parents’ school choices. He was an unashamed critic of the separation of church and state, and tried to inject more religion into public schools.
“It’s very clear that there was a war with Christianity and our school was at its epicenter,” said Walters, a former high school history teacher. Selected in 2022 On a platform that fights “awakening ideology” in public schools and bans certain books from school libraries.
“We give parents the right to education more than anywhere else in the country. It means the free ability to choose a school of choice, whether it’s religious education, charter schools, public schools, homeschools, etc.”
The idea of using public funds to fund religious schools is conflicting with the constitution, said Rachel Laser, president and CEO of American United to separate churches and states.
“This is a religious public education that is fully and directly funded by taxpayers. It denies a violation of religious freedom because it forces taxpayers to fund religious education, the heart of religion, for religious education,” Laser said.
Oklahoma parents, faith leaders and groups of public education nonprofits Sued to block The schools claim that state religious charter schools will lead to lower funding for rural public schools.
St. Isidor would lead to other religious charter schools, said mother Erica Wright, whose two school-age children attend a rural Cleveland County school district. “And all of these schools will be withdrawn from the same limited money we have for current brick and mortar schools throughout the state.”
A decision is expected by early summer.
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Murphy reported from Oklahoma City.
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