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Supreme Court Signals Potential Approval of First Religious Charter School

Oral arguments suggest conservative justices favor Oklahoma's Catholic charter plan, with Chief Justice Roberts likely to cast a pivotal vote.

Charter school supporters Pamela Smith of Sterling, Virginia, left, and Tammy-Kay Williams of Fountain Hills, Arizona, right, rally outside of the Supreme Court on Wednesday, April 30, 2025, in Washington.
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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.

Overview

  • The Supreme Court's conservative majority appeared inclined to allow public funding for St. Isidore of Seville Catholic Virtual School, the first proposed religious charter school in the U.S.
  • Chief Justice John Roberts emerged as a potential swing vote following Justice Amy Coney Barrett's recusal, leaving the court evenly split between conservatives and liberals.
  • Conservative justices argued that excluding religious schools from charter programs constitutes discrimination, while liberal justices warned it could violate the Establishment Clause.
  • A ruling in favor of St. Isidore could redefine charter schools as private entities, potentially impacting 8,000 schools serving 3.8 million students across 45 states.
  • The decision, expected by late June, could prompt legislative changes, with some states expanding religious charter schools and others restricting or eliminating charter programs entirely.