Charter Schools at a Constitutional Crossroads

As courts weigh religious freedom and public funding, the legal definition of a public charter school could hang in the balance.

What makes a public school public? The question has potentially far-reaching consequences as the Supreme Court tests the boundaries between religious freedom and publicly funded education in Colorado and Oklahoma.

While the legal questions differ, both cases could significantly affect how public education is funded and regulated. For Colorado's charter school community, the stakes extend well beyond religious education.

Colorado: Religious Freedom Meets Nondiscrimination

Charter School elementary students sitting together.

On November 3, the Supreme Court heard arguments in St. Mary Catholic Parish v. Roy, a case challenging Colorado's nondiscrimination requirements for religious schools participating in its Universal Preschool (UPK) program.

Colorado's program provides eligible families with up to 15 hours of state-funded preschool per week. Participating providers include public, private, and faith-based schools, but all must follow nondiscrimination requirements covering characteristics including religion, sexual orientation, and gender identity.

Two Catholic preschools affiliated with the Archdiocese of Denver argue that these requirements conflict with their religious beliefs, particularly Catholic teachings concerning marriage, sexuality, and gender.

The schools contend that conditioning public funding on compliance with these requirements violates their First Amendment right to freely exercise religion. Colorado maintains that religious schools may participate if they follow the same nondiscrimination standards as other providers.

During nearly two hours of arguments, justices explored whether Colorado could accommodate the schools' religious beliefs while ensuring equal access to publicly funded preschool.

Although the case does not directly involve charter schools, its outcome could shape how courts balance religious freedom against the requirements attached to public education funding.

Oklahoma: Can a Religious School Be a Public Charter School?

A teacher in front of the classroom giving instruction.

Unlike Colorado's preschool dispute, two Oklahoma cases challenge the very definition of a public charter school.

In 2023, Oklahoma's Statewide Virtual Charter School Board approved St. Isidore of Seville Catholic Virtual School, which would have become the nation's first publicly funded religious charter school.

Oklahoma Attorney General Gentner Drummond challenged the approval, arguing that charter schools are public schools and cannot provide religious instruction as part of their publicly funded mission.

The Oklahoma Supreme Court agreed in 2024, ruling that the proposed school violated constitutional and statutory requirements.

When the case reached the U.S. Supreme Court in 2025, the justices split 4–4, with Justice Amy Coney Barrett recusing herself. The deadlock left Oklahoma's ruling intact but established no nationwide precedent.

While the case itself is concluded, the constitutional question remains unresolved.

Can religious organizations operate publicly funded charter schools while maintaining their religious mission, or would doing so fundamentally change the legal definition of a public charter school?

A New Oklahoma Case Could Reopen the Debate

That question is already resurfacing in Oklahoma, where the proposed Ben Gamla Jewish Charter School is seeking approval to operate a publicly funded virtual school that offers religious instruction.

Oklahoma's Charter School Board initially rejected Ben Gamla's application, citing the state Supreme Court's ruling against St. Isidore. Ben Gamla sued, arguing that excluding it solely because of its religious character violated the First Amendment.

In September, a federal judge granted Ben Gamla a preliminary injunction, but the legal victory did not translate into approval.

The case could eventually reach the U.S. Supreme Court, potentially giving the justices another opportunity to address the constitutional questions left unanswered in St. Isidore. Whether it advances that far remains uncertain.

Why Charter Schools Have So Much at Stake

According to the National Association of Public Charter Schools, the most significant concern is that allowing religious charter schools could lead courts to classify charter schools as private rather than governmental entities. This could potentially threaten longstanding arrangements involving per-pupil funding, federal education programs, teacher retirement benefits, student protections, and public financing.

Yet preserving the autonomy that distinguishes charter schools from traditional district schools is equally important. The challenge is protecting both defining characteristics of the charter school model: public accountability and operational independence.

An Uncertain Road Ahead

The Colorado, Oklahoma, and other cases moving through the courts highlight an evolving debate over religious freedom and publicly funded education.

The Colorado ruling could influence how states establish participation requirements for faith-based education providers, while future Oklahoma-related litigation could determine whether religious instruction is compatible with public charter school status.

For charter school leaders, the uncertainty underscores the importance of staying informed and prepared for changes that could reshape the sector.

What's ultimately at stake is not just whether religious charter schools can exist, but how the government may define public education itself.

Frequently Asked Questions

Can religious charter schools receive public funding?
Whether religious charter schools can receive public funding remains an unresolved constitutional question. Charter schools are public schools and generally must operate without religious instruction. However, legal challenges in Oklahoma argue that excluding religious organizations from operating publicly funded charter schools violates the First Amendment's religious freedom protections.

What Supreme Court cases could affect charter schools in 2026?
Three cases involving Colorado and Oklahoma are shaping the debate over religious freedom and public education. In St. Mary Catholic Parish v. Roy, the Supreme Court is considering whether Colorado's preschool nondiscrimination requirements violate religious freedom protections. In Oklahoma, the Supreme Court's 2025 deadlock in the St. Isidore case left the constitutionality of religious charter schools unresolved. A newer lawsuit involving Ben Gamla Jewish Charter School could eventually bring that question back before the Court.

What is St. Mary Catholic Parish v. Roy about?
St. Mary Catholic Parish v. Roy challenges Colorado's nondiscrimination requirements for religious preschools participating in the state's publicly funded Universal Preschool program. Catholic preschools argue that the requirements violate their First Amendment religious freedom rights. The Supreme Court heard arguments on November 3, 2026, and its ruling could influence how states regulate religious education providers receiving public funding.

What happened in the Oklahoma religious charter school Supreme Court case?
In 2025, the U.S. Supreme Court split 4–4 over Oklahoma's approval of St. Isidore of Seville Catholic Virtual School, which sought to become the nation's first publicly funded religious charter school. Justice Amy Coney Barrett recused herself. The tie left an Oklahoma Supreme Court ruling blocking the school intact but established no nationwide legal precedent.

What is the Ben Gamla Jewish Charter School lawsuit in Oklahoma?
Ben Gamla Jewish Charter School is seeking approval to operate a publicly funded virtual school offering religious instruction in Oklahoma. After the state charter school board rejected its application, Ben Gamla sued, arguing that the denial violated its religious freedom rights. A federal judge granted a preliminary injunction in September 2026, but the school has not received final approval. The ongoing litigation could eventually reach the U.S. Supreme Court.

Why could religious charter school cases affect all public charter schools?
A Supreme Court ruling permitting religious charter schools could have implications for how courts classify charter schools as public or private entities. Charter schools rely on their public status for per-pupil funding, federal education programs, student protections and public financing. A change in their legal classification could raise questions about these longstanding arrangements, even for charter schools without religious affiliations.

Are charter schools considered public or private schools?
Charter schools are public schools that receive public funding and operate under state charter school laws. They generally have greater operational flexibility than traditional district schools but remain subject to public accountability requirements. Ongoing religious charter school litigation raises questions about whether charter schools should be treated as governmental or private entities for certain constitutional purposes.

How could Supreme Court rulings affect Colorado charter schools?
Supreme Court decisions involving religious freedom and publicly funded education could influence the legal framework governing Colorado charter schools. Potential implications include public funding, school autonomy, student protections and accountability requirements. Although Colorado's St. Mary Catholic Parish v. Roy case does not directly involve charter schools, its outcome could help shape how courts evaluate religious freedom claims involving publicly funded education.

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