Oklahoma's approval of a Catholic-run, taxpayer-funded virtual charter school is before the Supreme Court. This challenges the historical separation of church and state in American public education.
The Founding Fathers, while differing on some issues, largely agreed that public schools should not be controlled by any specific religious denomination to avoid division. While some favored a secular approach (Jefferson), others saw a role for Christian morality (Rush), but all agreed that denominational control was unacceptable.
Early public schools aimed for a generic, religion-based morality, avoiding denominational teaching. Massachusetts and Connecticut laws exemplify this, allowing religious instruction but prohibiting control by any single church.
Recent Supreme Court decisions, citing history, have allowed more religion in public schools. The Oklahoma case presents a conflict, as the historical record shows the Founding Fathers would not have approved of a school teaching a specific religious doctrine.
The conservative justices face a dilemma. Following their own precedent of historical justification would support Oklahoma's plan. However, a true adherence to historical context suggests they should reject it. The article concludes by urging the Court to prioritize historical precedent and uphold the separation of church and state.