Supreme Court blocks US’ 1st taxpayer-funded religious charter school in state of Oklahoma

By Darren Lyn​​​​​​​

HOUSTON, United States (AA) - The US Supreme Court on Thursday blocked the creation of the nation's first taxpayer-funded religious charter school in the state of Oklahoma, according to media reports.

The high court handed down a 4-4 split vote, leaving intact a lower court ruling that prohibited the establishment of St. Isidore of Seville Catholic Virtual School by the Catholic Archdiocese of Oklahoma City and Diocese of Tulsa.

The lower court ruled that the proposed taxpayer-funded charter school would violate the Constitution's First Amendment right separating church and state, which limits the government's involvement in religion. Judges ruled 6-2 blocking the creation of the school, saying that St. Isidore was a "governmental entity" that would act as "a surrogate of the state in providing free public education as any other state-sponsored charter school."

St. Isidore, the lower court wrote, would "require students to spend time in religious instruction and activities, as well as permit state spending in direct support of the religious curriculum and activities within St. Isidore, all in violation of the establishment clause."

The split vote occurred on the nine-panel Court because conservative Justice Amy Coney Barrett recused herself from the case. Barrett is a former professor at Notre Dame Law School, which represents the charter school's organizers.

St. Isidore would have offered virtual learning from kindergarten through high school and organizers planned to integrate religion into its curriculum, which would have made it the first religious charter school in the US. The school never opened due to the legal challenges.

Charter schools in the US were created as alternatives to traditional public schools, offering smaller class sizes and innovative teaching styles. They are typically operated under private management but are funded by each state's government.

The Oklahoma charter school tested the limits of the First Amendment because the proposed taxpayer-funded education system prohibited the government from establishing or endorsing any particular religion or promoting religion over nonreligion.

In addition, its "free exercise" clause protected the right to practice one's religion freely, without government interference.

Opponents of religious charter schools have argued that their creation would force taxpayers to support religious indoctrination at a high cost.

Organizers of St. Isidore estimated in 2023 that the school would cost Oklahoma taxpayers up to $25.7 million in its first five years in operation.