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US Supreme Court Could OK Religious Public Charter School in Oklahoma
"Allowing taxpayer dollars to fund religious charter schools would put both public education and religious freedom at risk," warned one teachers union leader.
Apr 30, 2025
The U.S. Supreme Court on Wednesday heard arguments over what could become the country's first taxpayer-funded religious charter school—and opponents of the St. Isidore of Seville Catholic Virtual School renewed their warnings about the proposal.
Faith leaders, parents, and educators celebrated last June, when the Oklahoma Supreme Court ruled against establishing St. Isidore. The test case for all such schools has now advanced to the country's highest court, which has a right-wing supermajority.
Reporting on over two hours of arguments Wednesday, Law Dork's Chris Geidner wrote that "the religious supremacy movement from the right's majority on the U.S. Supreme Court—with its outside helpers—appeared likely to... OK the first religious charter school in the country."
"Justices Clarence Thomas, Sam Alito, and Brett Kavanaugh appeared eager to do so, and Justice Neil Gorsuch's past writing in a related case signaled his alignment with the move, at least in principle," Geidner detailed. "Chief Justice John Roberts—the key vote then since Justice Amy Coney Barrett has recused herself from the case—appeared to be open to the idea as well."
Other legal reporters also concluded that Roberts appears to be the "key vote," given that the three liberals—Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor—all "expressed significant reservations" about allowing a religious charter school.
It appears very likely that the Supreme Court will force Oklahoma to approve and fund a Catholic charter school that reserves the right to indoctrinate students in Catholicism, force them to attend mass, and discriminate against non-Catholics. The three liberals sound increasingly exasperated.
— Mark Joseph Stern ( @mjsdc.bsky.social) April 30, 2025 at 11:52 AM
According toThe Associated Press:
If Roberts sides with the liberals, the court would be tied 4-4, an outcome that would leave the state court decision in place, but would leave the issue unresolved nationally.
If he joins his conservative colleagues, on the other hand, the court could find that the taxpayer-funded school is in line with a string of high court decisions that have allowed public funds to flow to religious entities. Those rulings were based on a different part of the First Amendment that protects religious freedom.
Roberts wrote the last three of those decisions. He acknowledged at one point that the court had previously ruled that states "couldn't exclude religious participants," suggesting support for St. Isidore.
But he also said the state's involvement in this case is "much more comprehensive" than in the earlier ones, a point that could lead him in the other direction.
American Federation of Teachers president Randi Weingarten said in a statement after the arguments that "we respect religious education and the Founders' intention in separating church and state."
"Public schools, including public charter schools, are funded by taxpayer dollars because they are dedicated to helping all—not just some—children have a shot at success," the union leader said. "They are the bedrock of our democracy, and states have long worked to ensure that they remain secular, open, and accessible to all. They are not, and never have been, Sunday schools."
"The petitioners are seeking to change that," Weingarten warned. "Religious schools should be able to operate in the U.S., but they are not public schools, and they shouldn't be able to get the benefits and the funding yet ignore the obligations and responsibilities."
"Our hope is that the justices will uphold the Supreme Court of Oklahoma's decision, correctly siding with religious pluralism over sectarianism," she concluded. "A reversal would be a devastating blow to public education and the 90% of young people who rely on it. We must preserve and nurture the roots of our democracy, not tear up its very foundations."
The country's other leading teachers union also opposes the establishment of the Oklahoma school. National Education Association president Becky Pringle said in a statement this week that "every student—no matter where they live, what they look like, or their religion—deserves access to a fully funded neighborhood public school that gives them a sense of belonging and prepares them with the lessons and life skills they need."
"Allowing taxpayer dollars to fund religious charter schools would put both public education and religious freedom at risk," Pringle asserted, "opening the door to more privatization that undermines our public education system."
Proud to join @faithfulamerica.bsky.social outside of SCOTUS ahead of oral arguments in the OK religious charter school case, which challenges whether public funds can be used to support religious charter schools. As religious Americans, we say the separation of church and state is good for both!
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— Interfaith Alliance (@interfaithalliance.org) April 30, 2025 at 10:12 AM
Chris Yarrell, an attorney at the Center for Law and Education, similarly warned in a Common Dreams opinion piece earlier this month that "if the court sides with St. Isidore, the ripple effects could be seismic, triggering a wave of religious charter school applications and fundamentally altering the landscape of public education."
In addition to fighting for a taxpayer-funded religious school, Christian nationalists in Oklahoma want to put Bibles in public school classrooms—an effort the state Supreme Court has temporarily impeded.
The court last month blocked Oklahoma's superintendent of public instruction, Ryan Walters, and education department from spending taxpayer dollars on Bibles and Bible-infused instructional materials.
“This victory is an important step toward protecting the religious freedom of every student and parent in Oklahoma," legal groups supporting plaintiffs who challenged the policy
said at the time. "Walters has been abusing his power, and the court checked those abuses today. Our diverse coalition of families and clergy remains united against Walters' extremism and in favor of a core First Amendment principle: the separation of church and state."
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Groups Sue Trump for Dismantling Education Department 'By Executive Fiat'
"Education is power," said one advocate. "The forceful elimination of thousands of essential workers will harm the most vulnerable in our communities."
Mar 24, 2025
The nation's largest labor union, representing more than 3 million educators, is among several groups that filed a lawsuit against the Trump administration Monday to demand a federal court "immediately halt the government's attempt to dismantle" the U.S. Department of Education—warning that the move by President Donald Trump is clearly illegal and "puts at risk the millions of vulnerable students."
The National Education Association (NEA) said it is joining the National Association for the Advancement of Colored People (NAACP), AFSCME Maryland Council 3, and several public school parents in suing the administration days after Trump signed an executive order calling on Education Secretary Linda McMahon to take "all necessary steps to facilitate the closure of the Department of Education."
That directive followed the slashing of roughly half of the workforce at the Department of Education and the termination of $1.5 billion in contracts and grants for educational programs that had already been approved by Congress, and came a day before the president announced that $1.8 trillion in student loan debt would be overseen by the Small Business Administration instead of the DOE, while the Health and Human Services Department will direct programs for students with disabilities.
The administration has insisted the DOE is rife with "bureaucratic bloat" and waste—the same accusations Trump and his billionaire ally, Elon Musk of the so-called Department of Government Efficiency, have lobbed at programs like Social Security, Medicaid, and other services for low-income and working Americans as they've sought to secure $4.5 trillion in permanent tax cuts for the richest Americans.
The steps the administration has taken against the DOE "constitute a de facto dismantling of the department by executive fiat," reads the complaint filed Monday, noting that "the Constitution gives power over 'the establishment of offices [and] the determination of their functions and jurisdiction' to Congress—not to the president or any officer working under him."
"America's educators and parents won't be silent as Donald Trump, Elon Musk, and Linda McMahon try to steal opportunities from our students, our families, and our communities to pay for tax cuts for billionaires."
The attempted closure of the DOE is the latest of several actions taken by the Trump administration that violate the Constitution, said the NEA, because the department is a "congressionally created federal agency" and its dismantling "requires congressional approval."
Federal courts have blocked Trump's attempt to freeze federal grants and loans, noting that the president cannot halt funding that has been appropriated by Congress, and his deportation of Venezuelan immigrants to El Salvador under the Alien Enemies Act after opponents argued in court that Trump was "trying to write Congress' limits out of the act."
Aaron Ament, president of the Student Defense and Education Law Center, which is representing the plaintiffs in the lawsuit filed Monday, noted that McMahon "has acknowledged they can't legally shut down the Department of Education without Congress."
"Yet that is, for all intents and purposes, exactly what they are doing," said Ament, "a brazen violation of the law that will upend the lives of countless students and families."
Advocates have warned that while state and local governments oversee the vast majority of the U.S. public education system, shutting down the DOE jeopardizes funding an support for students who have disabilities, live in rural areas, and face discrimination.
It would also make it "impossible for the department to ensure that federal education funding actually is spent as Congress intended" and could "reduce access to Pell Grants, upend repayments for student loan borrowers, and invite fraudulent and predatory behavior from unscrupulous institutions of higher education," said the NEA.
The union's president, Becky Pringle, said Monday that "gutting the Department of Education will hurt all students by sending class sizes soaring, cutting job training programs, making higher education more out of reach, taking away special education services for students with disabilities, and gutting student civil rights protections."
"America's educators and parents won't be silent as Donald Trump, Elon Musk, and Linda McMahon try to steal opportunities from our students, our families, and our communities to pay for tax cuts for billionaires," said Pringle. "Parents, educators, and community leaders know this will widen the gaps in education, which is why we will do everything in our power to protect our students and their futures."
Derrick Johnson, president and CEO of the NAACP, said Trump's overarching goal in dismantling the DOE is "deliberately destroying the pathway many Americans have to a better life."
"Education is power," said Johnson. "The forceful elimination of thousands of essential workers will harm the most vulnerable in our communities. The NAACP and our partners are equipped with the necessary legal measures to prevent this unlawful attack on our children's future."
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Teachers Say 'See You In Court' as Trump Tries to Abolish Department of Education
"We won't be silent as anti-public education politicians try to steal opportunities from our students, our families, and our communities to pay for tax cuts for billionaires," said the head of the nation's largest labor union.
Mar 20, 2025
Update:
U.S. President Donald Trump signed an executive order on Thursday afternoon directing Education Secretary Linda McMahon to begin the process of shutting down the Department of Education.
"Hopefully she will be our last secretary of education," Trump said of McMahon, promising to "find something else" for the billionaire businesswoman to do.
Sunrise Movement, the youth-led climate campaign, responded to Trump's move by announcing a Friday "study-in" outside Department of Education headquarters in Washington, D.C.
BREAKING: Students announce a "Study-In" at the Department of Education. If Trump and Musk want to abolish the Department of Education and destroy our futures, they'll have to go through us. Join us tomorrow starting at 10am.
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— Sunrise Movement (@sunrisemvmt.bsky.social) March 20, 2025 at 12:50 PM
Earlier:
As U.S. President Donald Trump prepares to sign an executive order Thursday directing officials to shut down the Department of Education, Democratic politicians, teachers and communities across the nation are vowing legal and other challenges to the move.
Trump is set to check off a longtime Republican wish list item by signing a directive ordering Education Secretary Linda McMahon to "take all necessary steps to facilitate the closure of the Department of Education and return education authority to the states."
Shutting down the department—which was created in 1979 to ensure equitable access to public education and employs more than 4,000 people—will require an act of Congress, both houses of which are controlled by Republicans.
"Trump and his Cabinet of billionaires are trying to destroy the Department of Education so they can privatize more schools."
Thursday's expected order follows the department's announcement earlier this month that it would fire half of its workforce. U.S. Sen. Bernie Sanders (I-Vt.) and more than three dozen Democratic senators condemned the move and Trump's impending Department of Education shutdown as "a national disgrace."
Abolishing the Department of Education is one of the top goals of Project 2025, the Heritage Foundation-led roadmap for a far-right takeover and gutting of the federal government closely linked to Trump, despite his unconvincing efforts to distance himself from the highly controversial plan.
U.S. Sen. Tina Smith (D-Minn.) called Trump's bid to abolish the Department of Education "more bullshit" and vowed to fight the president's "illegal behavior until the cows come home."
Sen. Chris Van Hollen (D-Md.) said on social media: "Trump and his Cabinet of billionaires are trying to destroy the Department of Education so they can privatize more schools. The result: making it even harder to ensure that ALL students have access to a quality education. Another outrageous, illegal scam. We will fight this."
New Jersey Attorney General Matt Platkin, a Democrat,
warned that "ending the U.S. Department of Education will decimate our education system and devastate families across the country."
"Support for students with special needs and those in rural and urban schools will be gone," he added. "We will stop at nothing to protect N.J. and fight this reckless action."
Becky Pringle, president of the National Education Association (NEA)—the nation's largest labor union—said in a statement Thursday that "Donald Trump and Elon Musk have aimed their wrecking ball at public schools and the futures of the 50 million students in rural, suburban, and urban communities across America, by dismantling public education to pay for tax handouts for billionaires."
Musk—the de facto head of the Department of Government Efficiency (DOGE)—is the world's richest person. Trump and McMahon are also billionaires.
"If successful, Trump's continued actions will hurt all students by sending class sizes soaring, cutting job training programs, making higher education more expensive and out of reach for middle-class families, taking away special education services for students with disabilities, and gutting student civil rights protections," Pringle warned.
"This morning, in hundreds of communities across the nation, thousands of families, educators, students, and community leaders joined together outside of neighborhood public schools to rally against taking away resources and support for our students," she continued. "And, we are just getting started. Every day we are growing our movement to protect our students and public schools."
"We won't be silent as anti-public education politicians try to steal opportunities from our students, our families, and our communities to pay for tax cuts for billionaires," Pringle added. "Together with parents and allies, we will continue to organize, advocate, and mobilize so that all students have well-resourced schools that allow every student to grow into their full brilliance."
The ACLU is circulating a petition calling on Congress to "save the Department of Education."
"The Department of Education has an enormous effect on the day-to-day lives of students across the country," the petition states. "They are tasked with protecting civil rights on campus and ensuring that every student—regardless of where they live; their family's income; or their race, sex, gender identity, or disability—has equal access to education."
Randi Weingarten, president of the American Federation of Teachers,
responded to Trump's looming order in four words: "See you in court."
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