Supreme Court’s Pivotal Decision on State-Funded Religious Education

By Debra Cassens Weiss

April 30, 2025, 3:44 pm CDT

Context of the Case

The question at hand involves whether the First Amendment enables or necessitates the funding of a Catholic charter school in Oklahoma. During oral arguments, Chief Justice John Roberts was highlighted as a key figure, potentially influencing the outcome of the case.

Legal Questions Involved

Two central First Amendment issues are being debated:

• Does funding the school infringe upon the establishment clause?
• Does the exclusion of the school from the state charter program violate the free exercise clause?

Judicial Dynamics

Four conservative justices appeared to favor state funding for the school, while Justice Amy Coney Barrett has recused herself from the proceedings. Chief Justice Roberts’ lack of overt commentary during the arguments suggests a possibility of a 4-4 split, which could lead to upholding the Oklahoma Supreme Court’s ruling that found state funding unconstitutional.

Statements from Justices

Justice Brett Kavanaugh expressed his support for funding, stating, “You can’t treat religious people and religious institutions and religious speech as second class in the United States.” He emphasized that a program excluding religious participation could constitute discrimination against religion.

Potential Implications of the Ruling

A decision favoring state funding could significantly alter the landscape of American education and redefine the boundaries between church and state. Such a ruling would permit direct taxpayer funding for faith-based educational institutions, potentially endorsing a curriculum aligned with specific religious beliefs.

The charter school board in Oklahoma had agreed to provide funding for the Catholic institution, but this decision was legally contested by Oklahoma Attorney General Gentner Drummond.