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Supreme Court Concludes Arguments in Religious Charter School Case

Chief Justice Roberts emerges as the pivotal vote in a case that could redefine the intersection of public funding and religious education nationwide.

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U.S. Supreme Court Justice Neil Gorsuch speaks at the Nixon Presidential Library & Museum in Yorba Linda, Calf., on Friday, Aug. 9, 2024.
Members of the Supreme Court sit for a new group portrait following the addition of Associate Justice Ketanji Brown Jackson, at the Supreme Court building in Washington, Oct. 7, 2022.

Overview

  • The U.S. Supreme Court has completed oral arguments on whether Oklahoma's St. Isidore Catholic Virtual School can receive public funding despite its religious curriculum.
  • The case pits the Establishment Clause, which prohibits government-sponsored religion, against the Free Exercise Clause, which protects religious entities from exclusion from public benefits.
  • Oklahoma Attorney General Gentner Drummond warned that approving the school could disrupt federal and state charter school laws, affecting funding for thousands of schools nationwide.
  • Justice Amy Coney Barrett recused herself without explanation, potentially linked to her ties to Notre Dame Law School, whose religious liberty clinic represents the school.
  • A decision, expected by early summer 2025, could set a precedent impacting charter school laws in over 40 states, with Chief Justice John Roberts likely holding the deciding vote.