On April 30, the Supreme Court heard oral arguments in a case that could compel states with charter school laws to authorize religious charters. Reporters from the New York Times, the Washington Post, the Wall Street Journal and The 74 said the court’s conservative majority bloc appeared “open to” religious charter schools.
Such a ruling would be bad for the country and deeply disruptive. It could upend the charter school sector, raising questions about the constitutionality of the federal charter school law and the laws in 47 states, all of which require charters to be nonsectarian. It could lead to blue states cutting back on charter schools and red states seeing a flood of religious charters open up, which would further balkanize an already divided country.
Is there any hope? The best outcome would be if one of the conservative justices — most likely Chief Justice John Roberts — ended up siding with the liberal justices and rejecting a requirement that authorizers must permit religious charter schools. The second-best outcome would be if policymakers took creative steps (as I outline below) to comply with an adverse Supreme Court ruling while preserving social cohesion and retaining for charter schools the flexibility they need to flourish.
