In January, the U.S. Supreme Court said it would hear two connected cases that could have immense implications for tens of thousands of American Jews, and could potentially change the face of Jewish life in America. They concern St. Isidore of Seville Catholic Virtual School in Oklahoma, which is poised to be the country’s first religious charter school. Michael A. Helfand explains:
The case has all the hallmarks of a blockbuster church-state case, addressing the constitutionality of publicly funded religious education and potentially opening the door to tuition-free Jewish day schools. But the crux of the case comes down to which path the court will pick when facing a constitutional fork in the road: should charter schools—which are publicly authorized and funded, but privately operated—be considered public schools or private schools?
If charter schools are public schools, then operating a religious charter school such as St. Isidore likely violates the First Amendment as a state establishment of religion. While it is true that the Supreme Court has of late increasingly expanded the scope of permissible church-state interaction, a religious public school is likely a bridge too far.
On the other hand, if the court concludes that St. Isidore’s is a private school, then rescinding its charter on account of it being a religious school would likely constitute religious discrimination prohibited by the First Amendment.
More about: Education, First Amendment, Supreme Court