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Supreme Court Signals Support for Religious Charter School Funding

Conservative justices appear open to allowing taxpayer funding for Oklahoma's St. Isidore Catholic Virtual School, with Chief Justice Roberts emerging as a key 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 U.S. Supreme Court heard oral arguments on whether Oklahoma's St. Isidore Catholic Virtual School can receive public funding as a charter school, potentially becoming the nation's first taxpayer-funded religious charter school.
  • Conservative justices, including Brett Kavanaugh, suggested that excluding religious schools from charter programs constitutes discrimination against religion, citing prior rulings on religious liberty.
  • Chief Justice John Roberts questioned both sides, expressing concern over the state's comprehensive involvement in charter schools but also drawing parallels to past cases favoring religious organizations.
  • Justice Amy Coney Barrett recused herself from the case, raising the possibility of a 4–4 tie that would uphold the Oklahoma Supreme Court's decision to block the school.
  • A ruling is expected by late June 2025, with significant implications for the national charter school system and the balance between church-state separation and religious freedom.