Supreme Court Hears Arguments Over Publicly Funded Catholic Charter School In Oklahoma

The Supreme Court is hearing arguments Wednesday over what would be the nation's first publicly funded religious charter school , in Oklahoma.

The justices are taking up appeals filed by the St. Isidore of Seville Catholic Virtual School and the state charter school board after the Oklahoma Supreme Court ruled that the school would entangle church and state in violation of the First Amendment.

Justice Amy Coney Barrett recused herself without explanation. Barrett previously taught law at Notre Dame and is close friends with Notre Dame law professor Nicole Garnett, a leading proponent of publicly funded religious charter schools. Even without Barrett, the court's conservative majority could find that the taxpayer-funded school is in line with a string of high court decisions that have allowed public funds to flow to religious entities. Those rulings were based on a different part of the First Amendment that protects religious freedom.

Liberal justices have complained that those decisions have eaten away at the separation of church and state.

The case comes to the court amid efforts, mainly in conservative-led states, to insert religion into public schools. Those include a challenged Louisiana requirement that the Ten Commandments be posted in classrooms and a mandate from Oklahoma's state schools superintendent that the Bible be placed in public school classrooms.