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Supreme Court to Hear Oklahoma Religious Charter School Case

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Supreme Court to Hear Oklahoma Religious Charter School Case

The Supreme Court agreed on Friday to consider a high-profile case that could open the door to allowing public dollars to directly fund religious schools.

The widely watched case out of Oklahoma could transform the line between church and state in education, and it will come before a court whose conservative majority has broadly embraced the role of religion in public life.

The case centers on a proposal for the nation’s first religious charter school, St. Isidore of Seville Catholic Virtual School. The school would be online, and its curriculum would embed religious teachings throughout lessons, including in math and reading classes.

As a charter school, it would be run independently from traditional public schools. But public taxpayer dollars would pay for the school, and it would be free for students to attend.

The question of whether the government can fully finance a religious school has proved especially divisive within the school choice movement and across Oklahoma. Some conservative Christian leaders, including Gov. Kevin Stitt and Ryan Walters, the firebrand state superintendent who has sought to require teaching from the Bible in public schools, have backed St. Isidore’s creation.

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They urged the Supreme Court to take up the case, believing the conservative-leaning court would decide in the school’s favor.

A coalition of religious leaders, advocates of public schools and some other state Republicans say the proposal is unconstitutional. Oklahoma’s Republican attorney general, Gentner Drummond, argued it would “open the floodgates and force taxpayers to fund all manner of religious indoctrination, including radical Islam or even the Church of Satan.”

After St. Isidore was approved by a state board in June 2023 in a narrow 3-to-2 vote, the Oklahoma Supreme Court blocked its creation. The justices wrote in a majority opinion that the school would “create a slippery slope” that could lead to “the destruction of Oklahomans’ freedom to practice religion without fear of governmental intervention.”

Still, as more Republican state legislatures move to support school vouchers and other options for parents to use public money to educate their children in private schools, including religious schools, some legal experts believe that charter schools would become another major arena in the debate.

Justin Driver, a professor at Yale Law School, said that a Supreme Court decision that allows religious charter schools “would represent nothing less than a sea change in constitutional law.”

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“It is difficult to overstate the significance of this opinion for our constitutional order and the larger American society,” Mr. Driver said.

The case will present new education questions for the U.S. Supreme Court’s 6-to-3 conservative majority, which has shown an openness to religion in the public sphere. Justice Amy Coney Barrett, a member of the conservative bloc, recused herself from the case but did not explain why.

In a 2022 ruling, the court ruled that a high school football coach had the right to pray on the field after his team’s games.

Other recent cases have barred Maine and Montana from excluding religious schools from state tuition programs or scholarships to students in private schools. Chief Justice John G. Roberts Jr. wrote in both cases that states are not required to support religious education, but that those that opt to subsidize private schools cannot discriminate against religious ones.

Supporters of St. Isidore argue that blocking a religious charter school from receiving funding violates the First Amendment’s protection of religious freedom. Jim Campbell, the chief legal counsel for Alliance Defending Freedom, a legal group representing the Oklahoma state charter board, praised the court’s decision to hear the case.

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“Oklahoma parents and children are better off with more educational choices, not fewer,” Mr. Campbell said in a statement. “There’s great irony in state officials who claim to be in favor of religious liberty discriminating against St. Isidore because of its Catholic beliefs.”

The school was initially set to open in August and would be managed by the Roman Catholic Archdiocese of Oklahoma City and the Diocese of Tulsa. Leaders of the school say it would accept students of all faiths.

But opponents say that it would run into conflict with the constitutional prohibition on government establishment of religion, infringing on religious freedom. “Converting public schools into Sunday schools would be a dangerous sea change for our democracy,” several organizations, including Americans United for Separation of Church and State, said in a joint statement on Friday.

For decades, the hybrid nature of charter schools — sharing features of both public schools and private institutions — has made it difficult for courts to determine how different education issues should apply to them, according to Preston Green, a professor at the University of Connecticut who studies educational law.

Still, Mr. Green said he believes St. Isidore’s argument “could be very attractive” to the conservative justices — and that if the court ultimately sides with the charter school, “the implications are potentially huge.”

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In the movement to remove barriers to funding religious education, “charter schools are really the next frontier,” Mr. Green said. “And it doesn’t end here.”

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Video: Tasting Six Mystery Chips

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Video: Tasting Six Mystery Chips

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Which of these uniquely-flavored potato chips would be your favorite? Watch Wirecutter’s full potato chip taste test with special guest and cookbook author Maxine Sharf on YouTube.
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Video: Turning Point USA Clubs Expand to High Schools Across America

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Video: Turning Point USA Clubs Expand to High Schools Across America

“I would just like to say, ‘Welcome to Germany, 1939.’” “We have been labeled as homophobes, bigots, racists and fascists.” “For years, my conservative peers and I have peacefully coexisted with feminist clubs and L.G.B.T.Q. clubs.” This is Onondaga County in Central New York, where a brand of high school clubs founded by Charlie Kirk and financed by his conservative juggernaut Turning Point USA, has led to this. “These accusations are not only untrue, but they undermine the very principles of open dialogue and respectful debate that we promote.” “It really is as bad as you think, just from a student perspective.” “If there’s going to be a Club America, by God, there needs to be a Club Progressive.” Before his assassination, Charlie Kirk made it clear he wanted a TPUSA chapter in every high school. “He told the team, let’s do 25,000 high school chapters. Club America has exploded in popularity in the months since Kirk was killed, with at least 3,300 chapters in high schools across the U.S., according to Turning Point USA. “I’m excited to announce today that every Oklahoma high school will have a Turning Point USA chapter.” States are also endorsing the club. “I’d love to see a chapter in every single high school in the state.” At least eight Republican governors have partnered with Turning Point, vowing to bring Club America to all of their public high schools. But here in New York, where Democrats govern and a statewide embrace of TPUSA’s conservative Christian ideology is unlikely, students like Jacob Kennedy are still trying to launch Club America, even if that means an uphill battle. “I have grown up in a Christian home, which follows mostly the values of conservative beliefs. It’s my first year at a public school. I did not feel accepted to share my conservative beliefs and my religion.” For most of his life, Jacob lived overseas where his parents were missionaries. “And starting this Club America, I am quickly finding other people that have the same values as me.” Jacob really didn’t even know who Charlie Kirk was until he was killed. Since then, he’s connected with Kirk’s message on religion as much as politics. “There was no question at the time of the founding that God played a central role in all of our government.” “Whether it is immigration laws or abortion, I put my religion first and then my political worldviews.” But Jacob’s push to secure approval from the district to establish Club America at his high school has stoked a sense of anxiety in community members who see Charlie Kirk’s rhetoric as racist and homophobic. “This was Charlie Kirk’s organization — that tells you a lot about this club. It’s not for everybody. It’s divisive.” “No matter who it is — Charlie Kirk or Charlie Brown — this is still the United States, and we do have freedom of speech.” Federal law requires equal access to all sorts of clubs, from Jesus and Me to the Afterschool Satan Club. As long as they are student-initiated and aren’t disruptive, anything goes. “So what is Club America? What do we do? We promote the values of free speech, patriotism and small government.” Turning Point USA declined multiple requests from The New York Times to participate in this story, and even told students in Club America chapters not to speak with us. But we did manage to film a public information session addressing the backlash the group has received. “Let’s talk. If we don’t talk, we’ll never get to get outside of our echo chambers. And Charlie Kirk always said, when we stop talking, that’s when violence happens.” “Are you advocating for your student groups to have open discussion? I don’t see that as the actual implementation level, what’s happening.” “Debate is absolutely encouraged in your Club America meetings where you’ve set ground rules for your debates.” “How do you plan on ensuring that kids from the L.G.B.T.Q.+ communities feel more included and feel safe?” “‘There are students of all different backgrounds, all socioeconomic statuses and of all persuasions involved in Club America. And if those students don’t attend, that’s on them. But you’re welcome to be there.” Charlie Kirk’s influence is everywhere from President Trump’s State of the Union address — “My great friend Charlie Kirk, a great guy.” — To his five-story portrait draped outside the Department of Education in D.C. It’s with this singular influence and power in the world of conservative media, politics and faith that Turning Point USA is hoping to get high schoolers registered to vote before this November. Jacob’s goal is much simpler. He just wants to get students together to hash out their differences. But until his club’s approved, he’ll have to engage with them one-on-one. “Whether you support L.G.B.T. rights, whether you are a a son or daughter of an illegal immigrant, whether you are pro-choice, you have the free will to join the club and be a part of it.”

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After F.B.I. Raid, Los Angeles School Board Discusses Superintendent

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Board members are having an emergency meeting a day after agents raided the home and office of Alberto Carvalho, the Los Angeles Unified School District superintendent. The F.B.I. also searched the Florida home of a consultant with ties to the schools chief.

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