Can the State Support the Establishment of a Religious Charter School?

Some 3.7 million American children are currently enrolled in charter schools, which are independently run but state-funded. According to a recent Stanford University study, pupils at these schools consistently outperform those at regular public schools. Last week, officials in Oklahoma approved a charter school that would be administered by the local Catholic diocese and include religious instruction in its curriculum. Granting approval is a clear violation of state regulations—in fact, no state currently allows religious charter schools—but supporters are hoping to challenge the law in the Supreme Court if necessary. Jeff Jacoby writes:

In its 2002 decision in Zelman v. Simmons-Harris, a landmark that has been called the most important education decision since Brown v. Board of Education, the high court ruled that low-income parents in Ohio could use state tuition-aid vouchers to enroll their children in religious schools. . . . Writing for the court in a case out of Montana in 2020, Chief Justice John Roberts expressed the principle clearly: “A state need not subsidize private education,” he wrote. “But once a state decides to do so, it cannot disqualify some private schools solely because they are religious.”

Though the court hasn’t yet ruled in a case involving charter schools, it’s difficult to see why the same logic wouldn’t apply. Clearly, a standard public school—one operated by government employees under the supervision of a political school board—cannot be a religious enterprise. But charter schools, though publicly funded, are not publicly operated. They are organized and run by private groups and individuals; their whole raison d’être is to offer education unavailable in government schools. States provide money and enforce basic legal standards, but otherwise charter schools are autonomous. That’s a key reason for their popularity.

Many critical public services—from healthcare and homeless shelters to foster care and food pantries—are supplied by faith-based groups that receive government subsidies. To mention one especially striking example, more than 70 percent of all refugee resettlement in the United States is undertaken by Christian, Jewish, and Muslim organizations. Though the Constitution prohibits the government from engaging in the “establishment of religion,” it raises no bar to contracting with religious providers to help fulfill important government obligations.

A church-run charter school is in exactly the same category. Oklahoma is right to say so, and other states should follow its lead.

Read more at Boston Globe

More about: American law, Education, Religion and politics

For the Sake of Gaza, Defeat Hamas Soon

For some time, opponents of U.S support for Israel have been urging the White House to end the war in Gaza, or simply calling for a ceasefire. Douglas Feith and Lewis Libby consider what such a result would actually entail:

Ending the war immediately would allow Hamas to survive and retain military and governing power. Leaving it in the area containing the Sinai-Gaza smuggling routes would ensure that Hamas can rearm. This is why Hamas leaders now plead for a ceasefire. A ceasefire will provide some relief for Gazans today, but a prolonged ceasefire will preserve Hamas’s bloody oppression of Gaza and make future wars with Israel inevitable.

For most Gazans, even when there is no hot war, Hamas’s dictatorship is a nightmarish tyranny. Hamas rule features the torture and murder of regime opponents, official corruption, extremist indoctrination of children, and misery for the population in general. Hamas diverts foreign aid and other resources from proper uses; instead of improving life for the mass of the people, it uses the funds to fight against Palestinians and Israelis.

Moreover, a Hamas-affiliated website warned Gazans last month against cooperating with Israel in securing and delivering the truckloads of aid flowing into the Strip. It promised to deal with those who do with “an iron fist.” In other words, if Hamas remains in power, it will begin torturing, imprisoning, or murdering those it deems collaborators the moment the war ends. Thereafter, Hamas will begin planning its next attack on Israel:

Hamas’s goals are to overshadow the Palestinian Authority, win control of the West Bank, and establish Hamas leadership over the Palestinian revolution. Hamas’s ultimate aim is to spark a regional war to obliterate Israel and, as Hamas leaders steadfastly maintain, fulfill a Quranic vision of killing all Jews.

Hamas planned for corpses of Palestinian babies and mothers to serve as the mainspring of its October 7 war plan. Hamas calculated it could survive a war against a superior Israeli force and energize enemies of Israel around the world. The key to both aims was arranging for grievous Palestinian civilian losses. . . . That element of Hamas’s war plan is working impressively.

Read more at Commentary

More about: Gaza War 2023, Hamas, Joseph Biden