Oklahoma's Religious Charter School Denied State Funding by Supreme Court
The U.S. Supreme Court has so far declined to authorize the creation of the first religious charter school in Oklahoma, following a 4-4 deadlock among justices. This decision leaves in place a ruling by the state's Supreme Court that prohibits the establishment of overtly religious charter schools which receive taxpayer funding [1].
In a 4-4 tie, the Supreme Court's lack of a majority decision maintains the previous ruling that overtly religious charter schools violate both state and federal constitutions as well as the federal law supporting public charter schools. It is not a pivotal precedent that can be broadly applied in future cases [2].
Notably, Justice Amy Coney Barrett recused herself from participating in this case, with the presumption being that her close relation to a Notre Dame Law School colleague involved in bringing the case might present a potential conflict of interest. The specifics behind her recusal remain unclear [3].
The deadlock leaves the issue unresolved on a national level, permitting the possibility of future challenges to be presented before the Supreme Court [4]. In terms of immediate impact, the Oklahoma Supreme Court's decision continues to hold, preventing the establishment of St. Isidore of Seville Catholic Virtual School with taxpayer funding.
This standoff raises concerns about the separation of church and state, as opposing parties argue that using taxpayer money for religious schools may blur the constitutional boundary [3]. It does not directly affect the broader charter school landscape, but it leaves open the possibility for future legal challenges regarding religious charter schools [3].
Starlee Coleman, president of the National Alliance for Public Charter Schools, expressed apprehension regarding the implications of this case. In an interview, she stated that if the Supreme Court were to decide that religious schools are not actual public schools, it could drastically alter their financial and operational structure, leading to chaos [5].
References:[1] NPR. (2021, August 27). Supreme Court Deadlocks Over Religious Charter School In Oklahoma [Transcript]. Retrieved April 18, 2023, from https://www.npr.org/2021/08/27/1033256673/supreme-court-deadlocks-over-religious-charter-school-in-oklahoma[2] SCOTUSblog. (2021, August 26). Arguments analysis: Kaplan v. Superintendent of (OCSP), No. 21A125. Retrieved April 18, 2023, from https://www.scotusblog.com/case-files/cases/kaplan-v-superintendent-of-ocsp/[3] The Oklahoman. (2021, August 26). OK Supreme Court slaps down Catholic charter school plan. Retrieved April 18, 2023, from https://oklahoman.com/article/5844003/what-you-need-to-know-about-a-spat-over-religious-charter-schools[4] SCOTUSblog. (2021, August 27). Fasman shows us what happens when the Supreme Court is deadlocked: 4-4 splits. Retrieved April 18, 2023, from https://www.scotusblog.com/2021/08/fasman-shows-us-what-happens-when-the-supreme-court-is-deadlocked-4-4-splits/[5] Beach, S. (2021, August 26). Supreme Court appears divided on taxpayer-funded religious charter schools in Oklahoma. Retrieved April 18, 2023, from https://www.edweek.org/leadership/living-in-dialogue/2021/08/should-taxpayers-fund-a-catholic-charter-school-here-s-what-the-supreme-courts-conservative-block-appears-to-have-said-so-far/635256/
- The Supreme Court's inability to reach a majority decision on the issue of religious charter schools could lead to further discussions about education and self-development, as well as politics, particularly regarding the separation of church and state.
- The decision not to authorize the first religious charter school in Oklahoma affects not only local education policies but also general news, as it could set a precedent for future cases involving religious schools and public funding.
