I have to admit I’m rather surprised at this ruling. Given how the Roberts Court and Roberts himself has shown a willingness, if not eagerness to allow public funds to be diverted to religious schools I assumed Religious Charter Schools would get a green light from SCOTUS to suck up public funds. And let’s face it, with a 6-3 conservative majority they had reason to be optimistic. However, in a Per Curiam ruling noting Justice Amy Coney Barrett’s recusal the Court let stand an Oklahoma Supreme Court ruling denying public funds for a Catholic Charter School. Freaking Oklahoma!
Vouchers allowing public funds to be used for tuition at religious schools has been bad enough. Then someone came up with the idea of not just creating Religious Charter Schools but diverting public school funding to pay for them! As you’d expect there would be a ‘test case’ or two and one played out in a place you’d assume would be friendly to the religious zealots. Yet they lost in court so the appealed to the SCOTUS assuming they’d get their way. There’s a reason THIS was a case religious zealots got pushed so fast and so hard to SCOTUS. Not only is it a 6-3 conservative majority that’s favorable to promoting Christianity at the expense of other religions, five of those six are Catholics themselves. Devout Catholics which is how we got the Dobbs ruling. So they pushed a CATHOLIC Charter School feeling certain they’d get the ruling they wanted!
Those who read the headline might have asked how the court could be “equally divided” but as I’ve noted Barrett recused herself. That, in and of itself seems extraordinary these days. The six Federalist Society groomed Justices seem to have long ago lost any sense of duty to recuse themselves from cases where there was a conflict of interest. However Barrett had good reason to recuse herself and lo and behold she did! With only three Justices appointed that means at least one other GOP appointed Justice had to also “cross over’ to the right side of the law. We’ll never know for sure which one it was, but for now who cares?
The Washington Post has an article that provides details of the case. It also delves into what happens both short and long term. It also discusses the implications of what would have unfolded had the Oklahoma Supreme Court ruling which held that public funds for a religious Charter School violated both state law and the U.S. Constitution been overturned:
A ruling for St. Isidore would have allowed, for the first time, direct and complete taxpayer funding to establish a faith-based charter school, legalizing government sponsorship of a curriculum that calls for students to adhere to Catholic beliefs and the church’s religious mission.
Instead, the current landscape of government funding for religious schools remains intact. Under previous court rulings, taxpayer money may be used for vouchers to pay tuition at religious schools. But public schools — including charter schools — may not include religious teachings, because they are established and completely funded by the government.
The linked article is worth your time to read. This fight isn’t over. Not by a long shot. Still, my bet is “Christian” conservatives feel like they got punched in the face by a heavyweight boxing champion. Not just conservative Catholics but all those ‘Evangelicals’ who probably kicked in plenty of money for lawyers to argue this case. I was stunned that in freaking Oklahoma that states highest court told them “No.” Still, they had to know SCOTUS would take up the case. And that they’d not only win but set a precedent that would be devastating over time for public schools. Many might have even thought they might have one of “their” Justices vote with the “liberals” but in their wildest dreams never imagined losing TWO votes.
However, that’s what’s happened. Rest assured there are other cases in the pipeline and the proponents of taking funds meant for public schools and giving said funds to religious schools will try again. Like terrorists they only have to succeed once. I realize that’s a loaded analogy but as far as I’m concerned we do in fact have religious terrorists in this country. A (thankfully) handful have and will continue to engage in actual violence. Both to people and structures be it an abortion provider and/or clinic, or against people and houses of worship who are Christian. Or their warped, perverted version of Christianity that overtly rejects the teachings of the ‘Savior’ they claim to worship.
However there are those who engage in a more subtle form of terrorism, trying to subvert the First Amendment and FORCE everyone to worship a state sponsored religion – THEIR version of Christianity. I’d like to think that the Justice who joined with the progressives, and perhaps Barrett too who might have said ‘screw ethics’ and taken part in the case took a hard look and thought ‘Whoa. We need to tap the breaks on this.’
Time will tell, but at least for now it’s the RRWNJs (Religious Right Wing Nut Jobs) that have to fall back and regroup. Let’s enjoy the moment, but only for a moment. Like I already said this isn’t over. Like the Klan (and again I mean to be provocative because the analogy fits) even if forced into dormancy for a bit the virus isn’t dead. And WILL break out and flourish when the conditions are right. But for now it’s semi-contained. It will be up to us, people who believe others should be free to worship how they chose, or not worship any deity for that matter to be vigilant in keeping it contained.
***Zoomers, we are always in need of donations. It’s been an especially rough month and my own health has not been great these past few weeks, which just adds to the frustration. Anything you can spare will be immensely appreciated. And thank you to all who have donated generously already. Ursula***
These “Christians,” of course, NEVER stop to look at anything other than their own selfish (which is completely antithetical to the true message of Christianity) interests. Did any of the people backing this initiative take two seconds to think, “Suppose a group of Muslims decides that they want to start a charter school dedicated to upholding the beliefs and mission of Islam and they expect to have access to public funding. How would we feel about THAT?” (Of course, the deeply anti-Jewish “Christians”–whose support for Israel and Israeli policies exists solely for “end times” garbage–would also object to the establishment of Jewish schools but they’d grudgingly accept them while still finding ways to harass them.)
We all know what would happen: They’d explode at the idea. After all, these are the same people who’ve spent the last 2 decades ranting and railing against the horrible onslaught of “Sharia law” usurping the American legal system while, simultaneously, seeking to install a “Christian” version of Sharia law (and blissfully ignoring the facts when people called them on it).
And I’d have loved for the arguments to get in front of SCOTUS and have any of the 3 GOOD justices pose that question about allowing Muslims to have their own “faith-based curricula to be funded with public money” and if the supporters of these schools would have NO objections to it at all, under absolutely no circumstances. And then remind the attorneys their answer would be treated as if it were sworn testimony. And during the Court’s deliberations, have the 3 GOOD justices remind their supposedly “solid Christian” counterparts that the Constitution’s guarantee of freedom of religion applies to ALL, not just their own particular brand of religion.
Well, they have their regular conferences which are famously just them and NOBODY leaks who said what. We are told that while discussion is sometimes spirited they don’t delve into shouting and insults. However I’m sure people have a good idea from a conference in which they vote yes or no on “Cert” for this or any other case which way the wind is blowing. Folks need to remember it only takes four Justices to grant Cert to a case and everyone knows who voted and how. They just go around the table after discussion and vote yea or nay.
Also, prior to hearing oral argument they will discuss the briefs that have been filed.
With Barrett having done what she should and recusing herself. I’m betting that before the Justices took the bench to hear oral argument it was clear one of the Republicans was crossing over and would vote with the liberal bloc. That being the case I suspect some of that collegiatlity the Court tries to maintain came into play. Why rake the plaintiffs over the coals by making them LIE about having no objections to MUSLIM Charter Schools getting public funds. Allowing a little face-saving is a sort of investment.
Still, I’m with you. It would have been FUN to see that “Christian” asshat put on the spot the way you suggest.
These ‘Christians’ refer to the Bible like they refer to the Constitution.
Not as something to learn, and learn from, but just something to take occasional quotes from.
Cherry picked quotes to justify their existing unchristian unconstitutional beliefs.
Amen! I’m going to have to remember what you wrote in your comment.