Oklahoma is forcing the Supreme Court to choose: Either the justices can allow more religious control of public schools, or they can respect the wishes of the Founding Fathers. They can’t do both.
The Founding Fathers didn’t see eye to eye on all the details, but people in the founding era did agree that it would be the death of public schooling if schools came under the authority of any specific religious denomination, or even if a school appeared to favor one denomination over another. Many believed that public schools had a duty to encourage religion as a general idea and could even offer some generic religious instruction, but a line was drawn at direct control.
The reason was that public schooling was not just an educational offering but also a project of building a national identity and citizenry. No public school could ever be run by a church, because no public school should teach any religious idea that divided Americans. In the centuries since, that fundamental principle has remained intact. By the 1960s, the idea of any devotional practice in school had come to seem divisive, so the Supreme Court prohibited teacher-led prayers and school-sponsored religious devotions of any kind. The wholesale exclusions of religious practices were new, but the guiding principle was as old as the United States itself.
Oklahoma’s plan for a public school run by the Catholic Church would upend that principle. It would fly in the face of the Founding Fathers’ intentions and go against two centuries of American tradition. And it puts the six members of the Supreme Court’s conservative majority in a bind. In previous decisions, they have insisted that they will be guided by history, using that rationale to allow for more religion in public schools. In this case, however, if they want to follow their own rules, they must decide in the other direction.
In 2023, the Oklahoma government approved an application from the Catholic Church to create a virtual charter school. Like other charter schools, this one would be funded by taxpayers. But unlike other charter schools, this one would be explicitly religious, teaching students Catholic doctrine. Oklahoma’s state attorney general objected, pointing out the obvious: Such a school would be a flagrant violation of the state constitution, to say nothing of the U.S. Constitution. The Supreme Court will hear the case next week.