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freedom from religion foundation
Split Supreme Court Won't Allow First Religious Public Charter School in US
Although another case could soon come before the high court, the ACLU still welcomed that, for now, "public schools must remain secular and welcome all students, regardless of faith."
May 22, 2025
Public education and First Amendment advocates on Thursday celebrated the U.S. Supreme Court's refusal to allow the nation's first religious public charter school in Oklahoma—even though the outcome of this case doesn't rule out the possibility of another attempt to establish such an institution.
"Requiring states to allow religious public schools would dismantle religious freedom and public education as we know it," Cecillia Wang, national legal director of the ACLU, said in a statement about the 4-4 decison. "Today, a core American constitutional value remains in place: Public schools must remain secular and welcome all students, regardless of faith."
Wang's group and other partners had filed a lawsuit over St. Isidore of Seville Catholic Virtual School on behalf of parents, faith leaders, and public school advocates. Her colleague Daniel Mach, director of the ACLU's Program on Freedom of Religion and Belief, declared Thursday that "the very idea of a religious public school is a constitutional oxymoron."
The new one-page opinion states that "the judgment is affirmed by an equally divided court," which means the Oklahoma Supreme Court's June 2024 ruling against St. Isidore remains in place. There are nine members of the U.S. Supreme Court, but Justice Amy Coney Barrett—who is part of its right-wing supermajority—recused herself from this case.
"While Justice Barrett did not provide an explanation for her recusal, it may be because she is close friends with Nicole Stelle Garnett, a professor at Notre Dame Law School who was an early adviser for St. Isidore," The New York Timesnoted. "Although justices sometimes provide reasons when they recuse themselves, they are not required to do so."
Law Dork's Chris Geidner warned that "a new challenge not requiring her recusal could easily return to the court in short order—especially now that the court has shown its interest in taking on the issue."
In this case, as Common Dreams reported during oral arguments last month, Chief Justice John Roberts appeared to be the deciding vote. Geidner pointed out Thursday that while it seems most likely that he sided with the three liberals, "even that could have been as much of a vote to put off a decision as a substantive ruling on the matter."
Some groups happy with the outcome in this case also highlighted that the battle is expected to continue.
"This is a crucial, if narrow, win for constitutional principles," Freedom From Religion Foundation (FFRF) co-president Annie Laurie Gaylor said in a statement. "A publicly funded religious charter school would have obliterated the wall of separation between state and church. We're relieved that, at least for now, the First Amendment still means what it says."
"The fight isn't over," Gaylor added. "The forces trying to undermine our public schools and constitutional freedoms are already regrouping. FFRF will continue to defend secular education and the rights of all Americans to be free from government-imposed religion."
Leading teachers unions also weighed in with both an amicus brief submitted to the high court and Thursday statements.
"Educators and parents know that student success depends on more resources in our public schools, not less. Yet for too long, we have seen anti-public education forces attempt to deprive public school students of necessary funding and support," National Education Association president Becky Pringle said Thursday. "We are gratified that the Supreme Court did not take the radical step of upending public education by requiring states to have religious charter schools."
American Federation of Teachers president Randi Weingarten also welcomed that the high court on Thursday let stand the Oklahoma decision, "which correctly upheld the separation of church and state and backed the founders' intention to place religious pluralism over sectarianism."
"We are grateful that it upheld the state's highest court's clear and unambiguous ruling to preserve and nurture the roots of our democracy, not tear up its very foundations," Weingarten said in a statement. "We respect and honor religious education. It should be separate from public schooling."
"Public schools, including public charter schools, are funded by taxpayer dollars because they are dedicated to helping all—not just some—children have a shot at success," she stressed. "They are the bedrock of our democracy, and states have long worked to ensure that they remain secular, open, and accessible to all."
This article has been updated with comment from the National Education Association.
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Texas Officials Reject Textbooks Over Climate Science
"The same bad actors who are calling for racist, homophobic, and transphobic book bans are also calling for climate denial in science textbooks," said one critic.
Nov 17, 2023
Seven of 12 proposed science textbooks for Texas 8th graders were rejected Friday by the Republican-controlled state Board of Education because they propose solutions to the climate emergency or were published by a company with an environmental, social, and governance policy.
The Texas Tribunereported that the 15-member board, which for the first time was required to include climate education for 8th graders, approved five of 12 proposed science textbooks, but called on their publishers to remove content deemed false or presenting a negative portrayal of oil and gas in the nation's biggest fossil fuel producer.
"America's future generations don't need a leftist agenda brainwashing them in the classroom to hate oil and natural gas," said Republican state energy regulator Wayne Christian, who had urged the board to choose books that promote planet-heating fossil fuels.
Some board members also objected to textbooks that did not include alternatives to the theory of evolution. One textbook was approved only after the removal of images highlighting that human beings—taxonomically classified as great apes—share ancestry with monkeys.
"Teaching creationism or any of its offshoots, such as intelligent design, in Texas' public schools is unlawful, because creationism is not based in fact," Chris Line, an attorney with the Freedom from Religion Foundation, said Friday. "Courts have routinely found that such teachings are religious, despite many new and imaginative labels given to the alternatives."
"Federal courts consistently reject creationism and its ilk, as well as attempts to suppress the teaching of evolution, in the public schools," Line added.
State standards approved by the board's conservative majority in 2021 do not include creationism as an alternative to evolution. The standards also acknowledge that human activities contribute to climate change.
Despite an overwhelming scientific consensus that human activity—primarily, the burning of fossil fuels—drives global heating, Republican board Secretary Patricia Hardy argued before the vote that such a stance amounts to "taking a position that all of that is settled science, and that our extreme weather is caused by climate change."
One textbook was rejected because its publisher has an environmental, social, and governance (ESG) policy. ESG frameworks account for workplace diversity, the treatment of employees, and preparedness for the climate crisis.
Democratic board member Marisa Perez-Diaz said during debate on the textbooks that "my fear is that we will render ourselves irrelevant moving forward when it comes to what publishers want to work with us and will help us get proper materials in front of our young people, and for me that's heartbreaking."
The National Science Teaching Association—a group of 35,000 U.S. science educators—on Thursday implored the board to reject "misguided objections to evolution and climate change [that] impede the adoption of science textbooks in Texas."
As in other GOP-run states, Texas officials have pushed book bans and other restrictions in schools and libraries, even as they portray themselves as champions of freedom. According to freedom of expression defenders PEN America, only Florida banned more books in schools than Texas during the 2022-23 academic year.
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