Supreme Court Brawls Over God and Public Schools
The Supreme Court as composed June 30, 2022. Photo by Fred Schilling Public domain.
Tempers flared, alliances shifted, and the gavel pounded through one of the most explosive Supreme Court sessions of the year. At stake? Whether your tax dollars can fund a religious school that teaches Catholic doctrine to public students in Oklahoma. And in a twist that could only come from America's highest court, one justice stepped aside, and now the whole case might crumble in a 4–4 deadlock.
On April 30, the justices heard oral arguments in a case that could reshape how the First Amendment is interpreted when it comes to public education and religion. The core issue: should Oklahoma be allowed to fund a religious charter school, St. Isidore of Seville Catholic Virtual School, as part of its public education system? The school would operate online, serve the entire state, and openly teach the Catholic faith.
The Barrett Bombshell: A Recusal With Ramifications
Justice Amy Coney Barrett's absence sent shockwaves through the chamber. While no formal explanation was offered, it's widely believed she recused herself due to prior connections with Notre Dame's Religious Liberty Clinic, which represents the Catholic school in question.
With her off the bench, the remaining justices appeared split. The court's three liberal members expressed deep concerns about state-endorsed religion. The five remaining conservatives seemed inclined to back the school — but with Chief Justice John Roberts staying mostly silent, a 4–4 tie was suddenly a real possibility. That would mean the Oklahoma Supreme Court's ruling against the Catholic school stands, but only for now.
Religious Rights or Government Endorsement?
Justice Brett Kavanaugh said it would be discriminatory to exclude a religious school from the public charter system simply because of its faith. He compared the case to previous rulings where the court favored religious institutions in disputes over funding.
"Our cases have made very clear, and I think those are some of the most important cases we've had, of saying you can't treat religious people and religious institutions and religious speech as second class in the United States," he stated, according to the Guardian. "And when you have a program that's open to all comers, except religion … that seems like rank discrimination against religion."
Justice Samuel Alito raised eyebrows when he claimed the Oklahoma attorney general's stance "reeks of hostility toward Islam" and implied that approving a Catholic school while warning it could open the door to Islamic schools was itself religious bias, as reported by USA TODAY.
The liberal justices pushed back. Justice Sonia Sotomayor expressed that allowing a religious school into the public system would set a dangerous precedent for entangling church and state.
"I don't have to imagine very hard to come up with 100 hypotheticals like this, because religious communities are really different in this country and are often extremely different from secular communities," Sotomayor said, as reported by NBC News.
What Happens If the Court Splits?
If the decision ends in a tie, Oklahoma's current block on St. Isidore remains in effect. But the issue is far from settled. Legal analysts say a similar case could come back to the court later, this time with Barrett participating — potentially flipping the outcome.
The Broader Stakes: 47 States Could Be Affected
A win for the Catholic school would trigger a national ripple effect. Currently, none of the 47 states with charter school programs allow religious groups to run them. A ruling in favor of St. Isidore could force states to either rewrite their laws or face a barrage of lawsuits from other religious groups.
Gregory Garre, representing the Oklahoma attorney general, warned that religious charter schools could become the only available option for families in areas where all public schools are charters. He said parents might have to vocally opt out of religious instruction, creating coercive situations and blurring the line between personal belief and public education.
"You have to raise your hand and say, 'No, I don't want to go to the Catholic charter school... That raises the same problem as raising your hand in the public school and saying you don't want to participate in prayer today," Garre said, as reported by USA TODAY.
Justice Ketanji Brown Jackson pointed out that Oklahoma already offers vouchers for religious schooling and questioned whether this case was necessary at all. She and Justice Elena Kagan both raised practical concerns about what the court's decision would mean for states trying to maintain secular charter programs while respecting religious freedoms.
Political Crossfire: Even Republicans Are Split
Republican Governor Kevin Stitt and State Superintendent Ryan Walters support religious charter schools.
Oklahoma's Republican Attorney General Gentner Drummond is one of the key opponents of the Catholic charter school. He argues the school would violate both the U.S. and Oklahoma constitutions.
Meanwhile, conservative legal groups, supported by the Trump administration, have framed the case as a religious freedom issue and are pushing for broader access to public funding for religious institutions.
The Verdict on the Horizon
With so much on the line and one justice down, this case is already a constitutional cliffhanger. Whether it ends in a narrow decision, a dramatic deadlock, or a precedent-setting overhaul, one thing is clear: the battle over church and state is back in the national spotlight.
A decision is expected this summer.
References: Recap: Supreme Court has heated exchange in blockbuster religious charter school case | Supreme Court's conservatives lean toward allowing country's first religious public charter school | US supreme court seems open to religious public charter schools
