On Wednesday, the United States Supreme Court will consider whether St. Isidore of Seville Catholic Virtual School will become the nation’s first religious charter school. Squaring off against the school at the high court is Oklahoma Attorney General Gentner Drummond, a law-and-order Republican, who has argued that his state’s prohibition against public aid for sectarian schools is justified to prevent “extreme sects of the Muslim faith” from using public tax dollars to teach sharia law. Proponents of educational freedom should reject such fearmongering. A ruling against St. Isidore would be a significant blow to charter schools of all stripes, particularly in underserved communities in most need of choice.
The policy standing in the way of St. Isidore’s charter dates back to the discredited “Blaine amendment” movement. Named after their proponent, a 19th-century Maine politician and diplomat, Blaine laws make it illegal for public aid to go to religious organizations. Animated by anti-Catholic bias, 37 states amended their constitutions to include “no aid” provisions, with many, including Oklahoma, adopting Blaine provisions as a condition for their admission to the United States.
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