A majority of the Supreme Court signaled Wednesday that they will allow the creation of the nation’s first overtly religious charter school. Dividing along the usual lines, Justices Alito, Gorsuch, Kavanaugh, and Thomas were in favor. Chief Justice Roberts didn’t commit himself, but he’s been in the majority on every religious freedom case heard by the Supreme Court. Justice Barrett recused herself because a group she was affiliated with at Notre Dame was part of the charter school legal team.
At issue was the application of the Archdiocese of Oklahoma City to create the St. Isidore of Seville online charter school. Like all parochial schools, the school would serve students of all faiths but be built on Catholic principles and involve religious education.
