The First Amendment Case for Religious Charter Schools

Dec. 13 2022

In a recent formal letter, the attorney general of Oklahoma opined that state laws prohibiting the creation of religious charter schools violate the First Amendment. Charter schools are privately run but receive public funds, and thus find themselves in an ambiguous position between public and private educational institutions. Nicole Stelle Garnett argues that the attorney general is correct:

Forty-four states have charter-school laws. All, like Oklahoma, have required charter schools to be secular and most, like Oklahoma, also prohibit them from being operated by or affiliated with religious institutions. The constitutionality of these restrictions [is at issue], especially since the Court’s decision in Espinoza v. Montana two years ago, which clarified that while “a state need not subsidize private education; . . . once a state decides to do so, it cannot disqualify some private schools solely because they are religious.”

Opening the door to religious charter schools will result in the creation of new religious schools, adding valuable pluralism to the American educational landscape. Many parents will embrace them for their children, and education reformers should, as well. Of course, not all religious schools will become charter schools. Many may reasonably choose not to, especially in states with robust school-choice programs, which tend to give participating schools even more freedom than charter laws do. But the question whether religious organizations should operate charter schools is not the same as the question whether they should be permitted to do so. The first question turns on prudential judgment; the second turns on the meaning of the First Amendment.

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Read more at City Journal

More about: Education, First Amendment, Freedom of Religion, School choice

Demography Is on Israel’s Side

March 24 2023

Yasir Arafat was often quoted as saying that his “strongest weapon is the womb of an Arab woman.” That is, he believed the high birthrates of both Palestinians and Arab Israelis ensured that Jews would eventually be a minority in the Land of Israel, at which point Arabs could call for a binational state and get an Arab one. Using similar logic, both Israelis and their self-styled sympathizers have made the case for territorial concessions to prevent such an eventuality. Yet, Yoram Ettinger argues, the statistics have year after year told a different story:

Contrary to the projections of the demographic establishment at the end of the 19th century and during the 1940s, Israel’s Jewish fertility rate is higher than those of all Muslim countries other than Iraq and the sub-Saharan Muslim countries. Based on the latest data, the Jewish fertility rate of 3.13 births per woman is higher than the 2.85 Arab rate (since 2016) and the 3.01 Arab-Muslim fertility rate (since 2020).

The Westernization of Arab demography is a product of ongoing urbanization and modernization, with an increase in the number of women enrolling in higher education and increased use of contraceptives. Far from facing a “demographic time bomb” in Judea and Samaria, the Jewish state enjoys a robust demographic tailwind, aided by immigration.

However, the demographic and policy-making establishment persists in echoing official Palestinian figures without auditing them, ignoring a 100-percent artificial inflation of those population numbers. This inflation is accomplished via the inclusion of overseas residents, double-counting Jerusalem Arabs and Israeli Arabs married to Arabs living in Judea and Samaria, an inflated birth rate, and deflated death rate.

The U.S. should derive much satisfaction from Israel’s demographic viability and therefore, Israel’s enhanced posture of deterrence, which is America’s top force- and dollar-multiplier in the Middle East and beyond.

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Read more at Ettinger Report

More about: Demography, Fertility, Israeli-Palestinian Conflict, Yasir Arafat