This article explores the legal debate surrounding religious charter schools in the context of the separation of church and state. It examines the case of Saint Isidore of Seville Catholic Virtual School, whose charter was revoked due to its religious nature, and discusses the arguments for and against allowing such schools. The article concludes that the current system of public education inherently discriminates against religion and proposes that funding should follow students to schools of their parents' choice, regardless of religious affiliation.
. But while this is an enormous issue on its own, the case could introduce an even more fundamental concept: the recognition that public schooling itself is unconstitutional. involves Saint Isidore of Seville Catholic Virtual School, a Catholic charter school approved by the Oklahoma charter schooling board. However, the school ultimately had its charter rescinded after the state’s attorney general intervened and won at the state Supreme Court.
Legal opposition to Saint Isidore is grounded in charter schools being public schools. Since the early 1960s, with Supreme Court cases forbiddingin public schools, legal precedent has mandated that public schools can have no religious character. There must be a strict “separation of church and state.”
Charter schools are not the same as traditional public schools. Government does not run them, and it mainly funds them because families freely choose them. If there were religious charter schools, in theory, government would not be elevating one religion over another or any religion over secularism. It would simply be allowing people to choose.
CHARTER SCHOOLS RELIGION CONSTITUTION PUBLIC EDUCATION SCHOOL CHOICE
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