The Supreme Court to hear to fight to launch the first religious school funded by the public

Washington – In a sign that the barrier between church and state could be even more weakened, the Supreme Court agreed on Friday to hear an offer of Oklahoma officials to approve the first school with a religious charter funded by the country.

The Court, which has a 6-3 conservative majority which constantly supports religious claims, will hear a dispute on the proposal of the Catholic virtual school of Seville in Seville, which would serve students online throughout the state while maintaining its Discount to promote Catholic faith.

The judges will examine a decision of the Supreme Court of Oklahoma which indicates that the proposal had violated both the constitutions of the state and federal.

The brief ordinance of the court noted that conservative judge Amy CONEY BARRETT, who would normally be a potential key vote in such a case, will not participate. The court did not say why.

Barrett was previously professor at the Faculty of Law Notre Dame. And always has links there. His religious clinic of freedom represents school.

The first amendment to the American Constitution prohibits the creation of the government of religion. But what over time has become widely known as the separation of the Church and the State irrereaved, in particular conservative Christians, who believe that there should be greater expressions of faith in public life .

The school was proposed for the first time at the beginning of 2023 by the Archdiocese of Oklahoma City and the diocese of Tulsa. The plan is supported by Governor Kevin Stitt, but opposed by the attorney general of the State, gentner Drummond, who argued that it was unconstitutional. The two are republicans.

The Oklahoma Charter School Board throughout the State approved the request in June 2023 despite the concerns about the religious nature of the school.

Drummond immediately brought legal action, asking the Oklahoma Supreme Court to intervene and declare the illegal plan.

He underlined in judicial files that the constitution of the State explicitly requires that public schools be “free of sectarian control” and that no public money should never be used to support religious institutions.

The Council of State and the School argue that by preventing the school from participating in a state program, Oklahoma inhibits the free exercise of religion under a distinct provision of the first amendment.

The Board of Directors is represented by Alliance Defending Freedom, a conservative Christian legal group.

Among the questions raised by the case, there is whether a private school which contracts with the State is an “actor of the State”, which means that it is indeed an arm of government.

In June, the Oklahoma Supreme Court judged that the plan was unconstitutional, embracing the arguments of Drummond.

“Under the state and the federalty, the State is not authorized to establish or finance St. Isidore,” said the court.

He also noted that participating in the State Program, the school “will act as a substitution of a state” and is therefore an actor of the State.

The United States Supreme Court has in several recent cases repressed to the separation of the Church and the State.

In a series of three related cases, the court opened the door to taxpayers on execution on religious entities, including schools, in certain circumstances.

Conservative judges also pointed out that government representatives have sometimes gone too far by seeking to avoid the appearance of the approval of religion under the first amendment establishment. In doing so, officials threatened the rights of free exercise, noted the court.

In a case in 2022, the court ruled in favor of a public public football coach who was suspended for having directed Christian prayers with players on the field after the matches. The same year, the court was lacking in the city of Boston from having prevented a Christian group from piloting a flag at the Town Hall as part of a program open to groups of all types through the city.