A United States Supreme Court (SCOTUS) case could pave the way for publicly funded religious schools.

St. Isidore, a virtual Catholic Charter School in Oklahoma, became the centre of controversy after the school’s 500 pupils were denied the same funding as public charter schools.

The fight over funding comes down to what constitutes “public” education.

For detractors, public and private schools do not provide the same public service. 

Therefore, private schools should not receive the same fiscal support.

Publicly funding religious schools, they argue, would be paramount to the state establishing a religion.

St. Isidore’s defenders counterargue that such nitpicking is discrimination disguised as nuance. 

Why shouldn’t Christian charter schools be allowed the same funding as special interest charter schools? 

Denying St. Isidore access to public funding was inconsistent with Oklahoma’s “educational choice for parents,” they said.

Originally approved by the school board, the State’s supreme court revoked St. Isidore’s public funding, citing non-sectarian clauses in the state’s constitution. 

Oklahoma’s Republican attorney general, Gentner Drummond, was behind the move.

For Drummond, public funding for religious schools crossed an important boundary in the relationship between church and state.

Challenging Drummond, Alliance Defending Freedom (ADF) said the court’s decision “undermined” Oklahoma’s commitment to expanding school choice.

“The Constitution,” ADF contend, “protects St. Isidore’s freedom to participate in Oklahoma’s charter-school program.

“It supports the board’s decision to provide more high-quality, no-cost educational options for Oklahoma families,” Chief Legal Counsel Jim Campbell explained.

Charter school’s chairman Brian Shellem agreed.

“Excluding faith-based groups that integrate religion into their education undermines that mission and hurts the families that desperately want those options.”

Caldron Pool asked Oklahoma Republican Senator Dusty Deevers if the case was connected to concerns about government dictating curriculum.

The senator said, “Yes, the moment the government writes the cheque, it begins sharpening the pencil to write the rules.”

When asked if reliance on government funding could compromise Christian schools?

Senator Deevers told CP that they have to be savvy.

“Even with school choice, homeschoolers and private schools must be wise as serpents.

“One bad bill could saddle them with regulations that compromise their convictions,” he said.

Thankfully, a safeguard against overreaching demands by the state is built into Oklahoma’s school choice program, Senator Deevers explained.

“Unlike public schools, participation in Oklahoma’s school choice program is voluntary.

“If the state overreaches, parents and schools can simply walk away from the program for the next school year.

“That said, the state has already shown it can and will claw back funds when families do not meet the terms of the program.”

For example, recalled the Senator, “The Oklahoma Tax Commission is currently trying to recover millions from parents whose children did not remain enrolled, but took funding.

“So, while the legislature cannot pass ex post facto laws, it absolutely can enforce program requirements.”

The debate before SCOTUS is whether private schools should be excluded from public funding simply because they are religious.

SCOTUS will have to decide what defines “public” education, while maintaining the differences between state and private actors.

Specifically, should state and religious schooling be equally described as public education, since both serve and are paid for by the public?

Attached is the question about funding.

If state and private actors both educate the public, why is the state monopolising taxpayer funds for its own schools?

This puts taxpaying private school parents at a disadvantage.

They’re forced to pay two sets of school fees, one to the state and one to the school of their choice.

This is an extraordinary case, and it has widespread ramifications.

With NSW Labor testing public opinion on eradicating homeschooling and private education, Australians should be taking notes.

SCOTUS’ ruling on Oklahoma Statewide Charter School Board v. Drummond is set for mid-2025.