Mastodawn

#SCOTUS appears open to allowing the creation of the nation’s FIRST #public #religious charter #school in #Oklahoma, an unprecedented move that would reshape American #education & redraw the boundary between #ChurchAndState.
 A ruling for St. Isidore of Seville Virtual Catholic School would allow #taxpayer #money to directly flow to a faith-based school & give govt #sponsorship to a #curriculum that has students to adhere to #Catholic beliefs & #religious #mission.

#law #NewApostolicReformation

The sea change could have vast — & unpredictable — implications for the nation’s #parochial & traditional #PublicSchools alike, sparking efforts to create similar schools in other states. It would also supercharge a push by the #conservative majority on #SCOTUS to give #religion new prominence in #public life.

#law #Constitution #ChurchAndState #judiciary #NAR #NewApostolicReformation #education #indoctrination #FederalistSociety #FarRight #PartisanCourt #ActivistCourt #USpol

During oral arguments over the legality of St.Isidore, sharp ideological differences emerged among #SCOTUS justices as they grappled w/the significant #constitutional & #policy ramifications that make the case one of the most consequential on #education in decades. While all 3 liberal justices expressed deep skepticism about a #religious charter #school, there was no clear indication that any *#conservative* members of the court would join them in voting against the school.

#law #ActivistCourt

Supporters say denying direct #public #funding to public charter #schools amounts to anti-religious *discrimination* since states allow public money to flow to other types of charter schools [but #Catholic schools get money from the #church, #PublicSchools do not]. They say the schools will also give parents greater #education choices. 
#law #SCOTUS #Constitution #ChurchAndState #NAR #NewApostolicReformation #indoctrination #FederalistSociety #FarRight #PartisanCourt #ActivistCourt #USpol

But detractors say such schools are a fundamental violation of the separation of #ChurchAndState, could sap dollars from traditional #PublicSchools & could lead to [actual] #discrimination against #religious #minorities, #nonbelievers & #LGBTQ+ #students.

#law #SCOTUS #Constitution #judiciary #NAR #NewApostolicReformation #education #indoctrination #FederalistSociety #FarRight #PartisanCourt #ActivistCourt #USpol

As recently as a decade ago, legal experts thought the prospect of direct #public #funding for #religious public charter #schools was a long shot. But after a series of rulings by #SCOTUS & a careful legal & political campaign by #Catholic ofcls, #conservative attorneys & #Republican ofcls, the idea is on the cusp of becoming a reality.

Attorney D. John Sauer made his debut as #Trump’s solicitor general in court Wednesday.

#law #ChurchAndState #NewApostolicReformation #FederalistSociety

The case has the backing of an influential #religious liberty clinic at the University of #NotreDame’s #Law School in Indiana.

Law professor Nicole Garnett pressed the idea that denying govt funding for parochial charter schools would amount to anti-religious discrimination. She based her position on recent #SCOTUS decisions that have expanded the role of #religion in #public life.

#law #Constitution #ChurchAndState #NewApostolicReformation #education #FederalistSociety #ActivistCourt #USpol

Garnett, a former law clerk to Justice #ClarenceThomas & close friend of Justice #AmyConeyBarrett, has worked on school choice issues since the 1990s. In a 2020 paper, she argued that #SCOTUS had opened the door to remaking American #education by ruling in a Montana case that states may not exclude #religious #schools when offering subsidies or funding for PRIVATE education [totally different scenario]. #law #Constitution #ChurchAndState #NewApostolicReformation #FederalistSociety #ActivistCourt

The general counsel for the Archdiocese of #OklahomaCity knew Garnett & her work at #NotreDame, & in 2021 asked for her help.
 The #law school itself has become a pipeline for #SCOTUS clerks, w/ #conservative justices increasingly hiring Notre Dame grads & faculty to work in their chambers. The school has regularly paid for justices to lecture & teach.

#law #Constitution #ChurchAndState #NewApostolicReformation #education #indoctrination #FederalistSociety #ActivistCourt #USpol

#AmyConeyBarrett, who previously taught at #NotreDame, honorably #recused herself from the case, presumably because of her relationship w/ Garnett & the #law school.

Legal experts have said that one of Chief Justice #JohnRoberts’ most significant legacies is how #SCOTUS’ #conservative majority has steadily pushed #religion into #public life.

#Constitution #ChurchAndState #NAR #NewApostolicReformation #education #indoctrination #FederalistSociety #FarRight #PartisanCourt #ActivistCourt #USpol

Many of #SCOTUS’ major rulings in this arena over the past decade involve #schools. In 2017, the court found that Missouri could not exclude a #religious preschool from a playground resurfacing program. In a 2020 Montana case, the court required states that aid #PrivateSchools to include some faith-based ones in that funding. In 2022, the court required Maine to let parents use vouchers for religious schools. The same year, it let a high school football coach #pray on a school field.  #law

The trend is also evident in other areas, notably a 2023 ruling that found that #FreeSpeech protections shield some #businesses from having to provide services to #SameSex couples (the case involving a would-be Colorado wedding website designer).
 Justin Driver, a Yale #law prof, said #SCOTUS’ recent #jurisprudence has recalibrated the #Constitution’s traditional balance between #religion & #secularism as laid out in the #FirstAmendment.

#ChurchAndState #NewApostolicReformation #ActivistCourt

The #FreeExercise clause prohibits the
govt from interfering wi/the right of individuals to practice #religion, while the establishment clause prevents the govt from establishing an official religion or favoring faith over nonbelief.

“This #Oklahoma case is the potential culmination of the Roberts court effort to cast the free-exercise clause in the starring role in our constitutional order, & offer the establishment clause only a cameo,”Driver said.

#law #SCOTUS #Constitution #ActivistCourt

The watchdog group Accountable.us & Rep Hank Johson (D-GA) issued a letter calling for #ClarenceThomas’s #recusal from the #Oklahoma case because of his ties to Nicole Garnett, the #NotreDame #law prof, who helped shepherd it. 
But unlike #AmyConeyBarrett, Thomas did not #recuse.
 Garnett was a clerk for Thomas in the late 1990s & has maintained a close relationship w/ him, which Accountable & Johnson say call into question his objectivity in the case.

#law #SCOTUS #ethics

Garnett has called #ClarenceThomas a “mentor, teacher, friend — & hero,” according to the letter. The group also says Garnett has hosted Thomas & his wife, Virginia “Ginny” Thomas, at her home. Garnett’s husband co-taught seminars with Thomas at #NotreDame law school.

#law #SCOTUS #ethics #CorruptCourt #ActivistCourt

#Religious leaders, politicians & #PublicPolicy experts predict an explosion of new, #government-funded #religious #schools if #SCOTUS sides w/ #Catholic church ofcls in #Oklahoma in the case. Becoming a charter school would mean a steady stream of #funding & no need to charge #tuition. 
#law #Constitution #ChurchAndState #judiciary #NAR #NewApostolicReformation #education #indoctrination #FederalistSociety #FarRight #PartisanCourt #ActivistCourt #USpol

That said, many #religious educators have questions. Among them: Would #schools be able to give preference in #admissions to #students from the schools’ stated religious affiliation? Would they be allowed to continue hiring & firing employees based on #religion? Would #government #academic requirements take up so much of the school day that there’s not enough left for religious instruction?

#law #Constitution #ChurchAndState #NewApostolicReformation #education #FederalistSociety #ActivistCourt

There are also #secular implications of becoming a #CharterSchool. Charter #schools have more flexibility than traditional #PublicSchools, but there are rules about #teacher #qualifications, #curriculum #standards, #discipline processes, #employment terms, facility conditions & serving #students with #disabilities. Students are typically required to take standardized tests.

#law #SCOTUS #Constitution #ActivistCourt #ChurchAndState #NewApostolicReformation #education #FederalistSociety

“If your option is to either cease to exist or be a #religious #CharterSchool, you’d probably take a shot,” said Greg Richmond, superintendent of #schools for the Archdiocese of Chicago & a former president of the National Association of Charter School Authorizers.
 Schools that are financially sound would probably opt out, he said. “They would look at this & say, ‘We’re doing fine. We don’t want all those #regulations.’”

#law #SCOTUS #ChurchAndState #NewApostolicReformation #education

During oral arguments, Justices #ClarenceThomas & #KetanjiBrownJackson both asked if the proposed #Catholic #CharterSchool is a #public or #private entity.
 In response, the school board’s atty, James Campbell, said there’s no impermissible involvement of the #government in #religion because the school is established by 2 private Catholic orgs. And there’s no govt control of the #school because it would be operated by a privately selected board. 
#law #SCOTUS #ChurchAndState #education

However, #Oklahoma’s AG disagreed & said #CharterSchools are #public entities that must be #secular [agreed].
Chief Justice #JohnRoberts pointed out that the court’s earlier #religious-rights decisions involved discrete #tax or #tuition credits & said this proposal “does strike me as much more comprehensive involvement” by the #government in #religion.
#law #SCOTUS #Constitution #ChurchAndState #NewApostolicReformation #education #indoctrination #FederalistSociety #FarRight #ActivistCourt #USpol

Under questioning from Justice #ElenaKagan, the attorney for the #Oklahoma #CharterSchool board emphasized that St. Isidore’s is not seeking to exclude students based on their #religion. But what if another school wanted to do that? she asked. 
Atty James Campbell replied that this would require a different analysis.
 “The state’s interest in that case would be very different—the interest in ensuring that #schools open to all,” he said.
 #law #SCOTUS #Constitution #ChurchAndState #education

MasterMischief Apr 30

@Nonilex I wish Christians would understand that not establishing an official religion protects them too. How do you know the official religion would be your particular brand? You are someone's heretic.

Robin Adams Apr 30

@Nonilex Looking forward to the first publicly funded Satanic school.

sandywb14 Apr 30

sandywb14 Apr 30

Grassroots Joe Apr 30

Detractors? You mean like Thomas Jefferson and his 1st Amendment to the Constitution?

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; ..."

@Nonilex They just need to cut the funding for private schools. Full stop. Public education is severely underfunded already, so why are tax dollars being diverted to private, generally for-profit, schools?!

Steve Hersey Apr 30

@Nonilex
One more step on the road to the Republic of Gilead, I see.

@Nonilex The ironic thing is that the same justices will object when state is required to fund the satanic charter school, the druid charter school, and the flying spaghetti monster charter school. Funding church based schools is not a door I want to open. I went to a Jesuit college, and received a good education. But most people will go to public primary and secondary schools, and we need to save our tax dollars for them. We will die without strong public schools.