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Tennessee Lawsuit and Oklahoma Jewish Charter Bid Renew Fight Over Religious Charters

A Supreme Court deadlock left the question unresolved, motivating fresh efforts designed to force a definitive ruling.

Overview

  • After Tennessee’s attorney general issued an opinion finding the state’s ban on religious charter schools likely unconstitutional, the Wilberforce Academy of Knoxville filed a federal suit challenging the prohibition and local policies.
  • Wilberforce proposes a publicly funded charter with a Christian mission open to all students without required religious affirmation, a model disqualified under current Tennessee law.
  • In Oklahoma, organizers tied to the rejected St. Isidore application are advancing a Ben Gamla Jewish charter proposal, a move described in reporting as a deliberate test case rather than a community-driven plan.
  • The Supreme Court’s 4–4 split in May 2025 left in place an Oklahoma ruling barring a Catholic virtual charter and set no national precedent on whether religious charters can receive public funds.
  • At stake are unresolved questions about whether charter schools are state actors and whether the Free Exercise Clause protects religious participation or the Establishment Clause bars it, with observers warning a pro-religious ruling could require states to fund sectarian charters and raise civil-rights concerns.