Church vs. State: The Supreme Court's Dangerous Education Gamble

AG Bonta fights to stop religious charter schools, protecting public education from faith-based overreach.

Church vs. State: The Supreme Court's Dangerous Education Gamble FactArrow

Published: April 7, 2025

Written by Emily Porter

A Line in the Sand

In a nation built on the promise of freedom, few principles stand as firm as the separation of church and state. Yet here we are, in 2025, watching that line blur before our eyes. California Attorney General Rob Bonta, alongside 18 other state attorneys general, has taken a stand, filing an amicus brief to urge the U.S. Supreme Court to reject Oklahoma’s bid to fund a religious charter school with taxpayer dollars. This isn’t just a legal skirmish; it’s a battle for the soul of public education.

The case revolves around St. Isidore of Seville Catholic Virtual School, a publicly funded institution with an unabashedly religious mission. Oklahoma’s Supreme Court already ruled that approving this school violates both state law and the First Amendment, a decision Bonta and his coalition now defend with fierce resolve. Their argument is simple yet profound: public schools, including charters, exist to serve all students, not to preach to some.

For those new to this fight, the stakes are real and immediate. Imagine a system where your tax dollars fund schools that exclude or indoctrinate based on faith. That’s not a hypothetical; it’s the future Oklahoma’s Statewide Charter School Board threatens to unleash. Bonta’s brief isn’t just a legal document, it’s a rallying cry to protect the democratic bedrock of equal access to education.

The Constitutional Firewall

The First Amendment isn’t negotiable. Its Establishment Clause forbids the government from endorsing religion, a rule etched into our history by cases like Engel v. Vitale in 1962, which banned school prayer, and Abington School District v. Schempp a year later, striking down mandatory Bible readings. These weren’t activist overreaches; they were affirmations that public schools belong to everyone, not just the faithful.

St. Isidore’s defenders argue that barring religious charters infringes on free exercise rights, pointing to recent Supreme Court wins like Espinoza v. Montana in 2020, which stopped states from excluding religious schools from private funding programs. But that’s a false equivalence. Private schools can do as they please with private money; public charters, funded by taxpayers, answer to a higher standard. Forcing states to bankroll religious instruction doesn’t liberate faith, it entangles government in it, a violation of the very clause they claim to champion.

Look at the states pushing back, from California to New York to Oregon. Their laws demand charter schools stay secular, a choice rooted in decades of precedent and a commitment to inclusivity. The U.S. Department of Education’s January 2025 guidance doubles down on this, insisting schools remain neutral while protecting private expression. Oklahoma’s experiment flies in the face of that consensus, risking a precedent that could unravel the secular fabric of public education nationwide.

And let’s not ignore the practical fallout. Charter schools thrive on flexibility, yes, but they’re held accountable to performance goals tied to their public status. Reclassify them as private religious entities, and you jeopardize billions in funding, from Ohio’s per-pupil boosts to federal grants already slashed by $40 million in Biden’s FY2025 budget. States rely on charters as public institutions; upend that, and you destabilize education for millions of kids.

Opponents might cry states’ rights, but this isn’t about federal overreach. It’s about states like California asserting their authority to govern schools as they see fit, free from a Supreme Court mandate to fund religious agendas. The irony? Advocates for local control in places like Texas, resisting federal standards, now cheer a ruling that could strip states of their say. Hypocrisy doesn’t get much thicker.

A Future Worth Fighting For

This fight matters beyond legal briefs and courtrooms. It’s about the kind of country we want to live in. Public education has always been a great equalizer, a place where kids from every background learn side by side. Inject religion into that mix with public funds, and you don’t just blur lines, you build walls. Bonta’s coalition, spanning Colorado to the District of Columbia, sees that danger clearly.

History backs them up. Since the 19th century, states have shaped education to reflect their communities, with federal support growing through acts like the Elementary and Secondary Education Act of 1965 to ensure no child gets left behind. Today, attorneys general defend that legacy, from diversity programs under attack to special education funding threatened by schemes like Project 2025, which aims to gut federal oversight. Oklahoma’s religious charter push is a step toward that chaos, not away from it.

The Supreme Court’s decision, expected this term, will echo for generations. Uphold Oklahoma’s ruling, and we preserve a system that welcomes all. Overturn it, and we invite a fractured future where public dollars prop up private beliefs. For every parent, every student, every taxpayer, this is personal. It’s time to stand with Bonta and say no to religious charters, no to division, and yes to a public education that truly serves us all.