Supreme Court's Decision on Religious Charter Schools
A recent panel discussion and debate at Harvard University’s Kennedy School of Government raised the question of whether religious charter schools are constitutional. The discussion also speculated on how the U.S. Supreme Court might rule on this issue. This question has gained prominence due to the U.S. Supreme Court Carson v. Makin (2022) case and an effort in Oklahoma to establish a religious charter school, St. Isadore of Seville Catholic Virtual School for the 2023-2024 academic year.
Historical Context and Recent Developments
The current developments have not initiated the momentum towards a ruling in favor of religious charter schools, but have added to earlier debates and statements from prior cases. This includes Justice Stephen Breyer’s question in the Espinosa vs. Montana Department of Revenue (2020) case about religious charter schools. A 1995 speech by Bill Clinton in Vienna, Virginia, where he stated that past U.S. Supreme Court decisions regarding faith were misinterpreted, has also played a significant role in the ongoing debate.
The Carson v. Makin (2022) Case
The Carson v. Makin (2022) case, based in Maine, has been a key factor in the push for religious charter schools. In this case, the state of Maine provided vouchers for many parents who wished to send their children to non-religious private schools. However, the same vouchers were not provided for parents who wanted to send their children to religious private schools. The U.S. Supreme Court ruled 6-3 that the Maine voucher program was unconstitutional as it discriminated against faith-based schools.
Three Key Issues
Despite the importance of the Carson v. Makin (2022) case, there are three issues that the U.S. Supreme Court still needs to address regarding the constitutionality of religious charter schools. First, are religious charter schools constitutional? Second, to what extent can state governments impose restrictions on religious private schools that may infringe on their religious freedoms or beliefs? Third, the Court needs to determine whether those who run charter schools are state or private actors.
Charter Schools: State or Private Actors?
Determining whether those who run charter schools are state or private actors is not straightforward, as courts have often disagreed on this issue. For instance, the Ninth Circuit Court of Appeals in 2010 (in Caviness v. Horizon Community Learning Center) ruled that charter schools were private actors when it came to firing educators. However, a 2022 Fourth Circuit Court of Appeals case (Peltier v. Charter Day School) ruled that those who ran charter schools were state actors.
Future Implications
It remains to be seen whether the Court will use the St. Isadore of Seville Catholic Virtual School case to address these issues or wait for a future case. However, given the prominence of the Carson v. Makin (2022) case and Justice Breyer’s 2020 statement, it is likely that a decision may not be far off.
During the panel discussion, the prediction was made that the U.S. Supreme Court will likely eventually rule that religious charter schools are constitutional. The context in which the Court makes its decision will also be crucial. The Court may provide a narrow context for its decision or a broader one, with significant implications for schools and society.
Bottom Line
Whatever the Court decides, it will have a substantial long-term impact on schools and society. If the court rules that religious charter schools are constitutional, it could potentially provide families with more options for their children's education. This could challenge the monolithic nature of the American schooling system and its trend towards increased centralization, as noted by David Tyack in his book, The One Best System. In the coming years, we will discover whether the U.S. Supreme Court agrees with this perspective. What do you think about this issue? Share your thoughts with your friends and sign up for the Daily Briefing, which is delivered every day at 6pm.
