ERIC Number: ED611873
Record Type: Non-Journal
Publication Date: 2020-Dec
Pages: 20
Abstractor: ERIC
ISBN: N/A
ISSN: N/A
EISSN: N/A
Religious Charter Schools: Legally Permissible? Constitutionally Required?
Garnett, Nicole Stelle
Manhattan Institute for Policy Research
On June 30, 2020, the U.S. Supreme Court held, in "Espinoza v. Montana," that the First Amendment's Free Exercise Clause precludes states from excluding religious schools from private school choice programs. Writing for the majority, Chief Justice John Roberts concluded: "A State need not subsidize private education. But once a State decides to do so, it cannot disqualify some private schools solely because they are religious." But, as Justice Stephen Breyer asked in his dissenting opinion, "What about charter schools?" Can states prohibit religious charter schools? All states with charter schools currently do so. Are these restrictions constitutionally required, as is commonly assumed? Or, on the contrary, are they unconstitutional after "Espinoza"? This report addresses these questions. Efforts to permit religious charter schools (by legislation and/or litigation) will likely be undertaken in the near future. This report discusses the legal issues raised by such efforts, examining whether the First Amendment's Establishment Clause permits religious charter schools and whether the First Amendment's Free Exercise Clause precludes states from prohibiting them.
Descriptors: Charter Schools, Religious Schools, Court Litigation, School Choice, Private Schools, Constitutional Law, Freedom of Speech, Religion, Public Schools, Institutional Characteristics, State Legislation
Manhattan Institute for Policy Research. 52 Vanderbilt Avenue, New York, NY 10017. Tel: 212-599-7000; Fax: 212-599-3494; Web site: http://www.manhattan-institute.org
Publication Type: Reports - Evaluative
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: Manhattan Institute (MI)
Identifiers - Laws, Policies, & Programs: First Amendment
Grant or Contract Numbers: N/A