Religion in Schools

In just the last month, the Supreme Court has heard three important religion cases, culminating in yesterday’s argument over a Catholic charter school in Oklahoma. Judging from the justices’ questioning, the side pressing religious-freedom claims seemed likely to prevail in all three.

That would extend a remarkable winning streak for religion at the Supreme Court.

Since 2012, the pro-religion side has won all but one of 16 First Amendment cases about the government’s relationship with faith. (The exception: The court rejected a challenge to the first Trump administration’s ban on travel from several predominantly Muslim countries.)

The court has been especially active in cases involving religious education. It said if the government was helping private schools, it couldn’t exclude religious ones. It exempted religious schools from anti-discrimination laws. In one pending case, the justices seemed poised to let parents with religious objections withdraw their children during discussions of gay and transgender themes. Yesterday they seemed likely to let a Catholic organization start a charter school in Oklahoma — which would make it the first religious school to get state charter funds.

A 2021 study of religion rulings since Chief Justice John Roberts joined the court in 2005 found that the Roberts court ruled in favor of religious people and groups over 83 percent of the time, compared with about 50 percent of the time for other courts since 1953. “In most of these cases, the winning religion was a mainstream Christian organization, whereas in the past pro-religion outcomes more frequently favored minority or marginal religious organizations,” the study’s authors — Lee Epstein, of Washington University in St. Louis, and Eric Posner, of the University of Chicago — wrote.

If the court rules in favor of religious claims in all three of the pending cases, that figure will rise to 88 percent.

A movement

Regardless of what the justices decide about yesterday’s Oklahoma case, state money is already helping faith bloom in American education.