Are Religious Charter Schools Constitutional?

The Supreme Court will soon weigh-in

Thanks to Bill Lee’s unabashed embrace of Christian Nationalism, charter schools affiliated with extremist Hillsdale College are a reality in Tennessee.

A key question – in TN and elsewhere – is can state funds be used to support explicitly religious charter schools?

In Kentucky, the Supreme Court ruled that charter schools are NOT public schools. Period. So, no state funds may be used to support them.

Now, the U.S. Supreme Court is taking up a case on state funding of religious charter schools. An analysis of the key issues includes:

The third issue that the U.S. Supreme Court must address is that it needs to determine whether those who run charter schools are state or private actors. This is because the vast majority of people who run charter schools are private groups. However, these charters are defined by law as public schools and are supported by tax-payer dollars. If the Court rules that those who operate the charter schools are state actors, then because they must be non-sectarian, religious charter schools will be ruled unconstitutional. However, if the Court rules that charter schools are private actors, then religious charter schools will be ruled constitutional.

In Kentucky, the Commonwealth’s highest court found that because charter schools are operated by private actors, they are essentially private schools. In other states, that has not been the case. It will be interesting to see how the U.S. Supreme Court sorts this out.

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