All 46 states that allow public charter schools do not allow religious entities to participate, so a ruling in favor of St. Isidore would open the doors to other states' either changing their laws to allow religious schools or facing lawsuits that would require them.
While charter schools, by law, are public schools, St. Isidore’s supporters have argued the opposite — that charter schools should be viewed as a private entity and not as a state actor.
The Supreme Court appeared set Wednesday to allow Oklahoma to fund a religious charter school, potentially transforming K-12 education across the country. The eight justices splintered along ideological lines during oral arguments in the blockbuster case over whether the Sooner State’s charter school board can approve the application of St. Isidore of Seville Catholic Virtual School. With Justice Amy Coney Barrett recusing from the case, the decision could come down to Chief Justice John Roberts, who was largely quiet during arguments but sounded sympathetic to St. Isidore’s application.
