The Urgent Supreme Court Case That's Not Getting Enough Attention

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by Linda Greenhouse

VWhile the country holds its breath for the Supreme Court’s responses to the Trump administration’s serial depredations, it’s hard to focus on anything else. Nonetheless, a case set for argument next month before the court merits more attention than the little it has received, given its destabilizing potential for public education. The central question is whether a state that allows charter schools as alternatives to traditional public schools, as nearly all states do, must agree to fund those that are explicitly religious.

To emphasize: The court is not being asked to decide whether a state may, if it chooses, include a taxpayer-funded parochial school among its charter school offerings. That question alone would challenge the long-held understanding of the separation of church and state in the context of public education. This case goes further. It concerns what would be the first fully taxpayer-supported religious school in modern American history. The internet-based “virtual” Catholic school that the Archdiocese of Oklahoma City and the Diocese of Tulsa seek to operate, St. Isidore of Seville Catholic Virtual School, would promote the “evangelizing mission of the Church.” The question is whether the Constitution requires Oklahoma to permit the school to open its virtual doors as a public charter school.

This is far from the first collision between the two religion clauses of the First Amendment, the protection for the “free exercise” of religion and the prohibition against religion’s official “establishment.” But this case reaches the court at a time of rapid change in the justices’ treatment of the relationship between the two clauses. Not so long ago, the Supreme Court was willing and able to manage the inherent tension between the two clauses by giving weight to each.>>>

https://www.nytimes.com/2025/03/09/opinion/school-catholic-supreme-court-constitution.html