In just the last month, the Supreme Court has heard three important religion cases, culminating in yesterday’s argument over a Catholic charter school in Oklahoma. Judging from the justices’ questioning, the side pressing religious-freedom claims seemed likely to prevail in all three.
That would extend a remarkable winning streak for religion at the Supreme Court.
Since 2012, the pro-religion side has won all but one of 16 First Amendment cases about the government’s relationship with faith. (The exception: The court rejected a challenge to the first Trump administration’s ban on travel from several predominantly Muslim countries.)
The court has been especially active in cases involving religious education. It said if the government was helping private schools, it couldn’t exclude religious ones. It exempted religious schools from anti-discrimination laws. In one pending case, the justices seemed poised to let parents with religious objections withdraw their children during discussions of gay and transgender themes. Yesterday they seemed likely to let a Catholic organization start a charter school in Oklahoma — which would make it the first religious school to get state charter funds.
A 2021 study of religion rulings since Chief Justice John Roberts joined the court in 2005 found that the Roberts court ruled in favor of religious people and groups over 83 percent of the time, compared with about 50 percent of the time for other courts since 1953. “In most of these cases, the winning religion was a mainstream Christian organization, whereas in the past pro-religion outcomes more frequently favored minority or marginal religious organizations,” the study’s authors — Lee Epstein, of Washington University in St. Louis, and Eric Posner, of the University of Chicago — wrote.
If the court rules in favor of religious claims in all three of the pending cases, that figure will rise to 88 percent.
A movement
Regardless of what the justices decide about yesterday’s Oklahoma case, state money is already helping faith bloom in American education.
The main vehicle is via school vouchers, which have proliferated in Republican-led states.
Vouchers allow you to use taxpayer money — funds the government would have spent on a public school — to pay for your kid’s private school (or home-school supplies). More than half of states have such programs, and more than one million students use them, double the number in 2019.
The Supreme Court blessed vouchers for religious schools in a 2002 case, but their use took off after the pandemic as more states embraced them widely. In states like Florida, where vouchers have expanded to be available to all students, some religious schools now receive nearly all of their funding from state dollars, said Doug Tuthill, who helps manage Florida’s program.
States are looking for other ways to expand religion in public schools, too. Oklahoma wants to put Bibles in its classrooms. Louisiana is in a legal battle to get the Ten Commandments in every classroom. Texas is considering a similar move.
State lawmakers pushing to expand religion in public schools sometimes cite the Supreme Court rulings that my colleague Adam mentions above, such as a 2022 decision siding with a football coach who prayed at the 50-yard line after games. “There is no such thing as ‘separation of church and state’ in our Constitution, and recent Supreme Court decisions by President Trump’s appointees reaffirmed this,” said a lawmaker in Texas, who put forth a bill proposing prayer in schools.
This article was reported by Adam Liptak, who covers the Supreme Court, and Sarah Mervosh, who covers education, for The New York Times.
