Union

Federal court hears arguments on Oklahoma’s ban for religious charter schools #Catholic A federal court heard oral arguments on Aug. 5 about whether an Oklahoma law banning religious charter schools violates the First Amendment’s protection of the free exercise of religion.Oklahoma established a charter school system in 1999, which provides public funds for privately run K–12 schools to which parents can send their children instead of a public school operated by a school district. The law only allows “nonsectarian” applicants, which prevents any participation from schools that have a religious identity.In 2023, the Oklahoma Statewide Charter School Board (SCSB) approved an application from a proposed Catholic charter school — St. Isidore of Seville Catholic Virtual School — which led to a legal challenge from Oklahoma Attorney General Gentner Drummond, who opposed religious charter schools.The Oklahoma Supreme Court sided against the school, finding that charter schools are public schools and that public schools must be secular. St. Isidore appealed this to the U.S. Supreme Court, but that resulted in a 4-4 deadlock with no majority opinion because Justice Amy Coney Barrett had a conflict of interest and recused herself.Amid no clear guidance from the federal courts, a Jewish organization — National Ben Gamla Jewish Charter School Foundation — filed an application to set up a charter school, which was denied. The group, represented by lawyers at the Becket Fund, filed a new lawsuit and asked a federal district court to require the SCSB to consider religious applicants.“Oklahoma makes room in its charter program for schools of all shapes and sizes, from those focused on science and fine arts to language immersion and classical education,” Daniel Chen, a Becket attorney representing the Jewish foundation, said in a statement.“The one it refuses to make room for is a faith-based school,” Chen added. “That is religious discrimination, plain and simple, and the state deserves a failing grade for it.”Chen told EWTN News that Becket is asking the federal court to immediately allow National Ben Gamla Jewish Charter School Foundation to set up a charter school, citing U.S. Supreme Court precedent that requires government programs to allow religious institutions the same access as secular institutions.“They’re private actors,” he said. “And because they’re private actors, they cannot be excluded from participating in a public benefits program.”Chen said the federal district court is not bound by the precedent of the Oklahoma Supreme Court because that is a state court, so it could rule in favor of the school. He also said if the case goes to the U.S. Supreme Court, he hopes Barrett can weigh in to break the 4-4 deadlock.“We’re hoping that [for] our case, there wouldn’t have to be any recusals,” he said.School board’s hands are tiedAlthough the charter school board denied the application from the National Ben Gamla Jewish Charter School Foundation, one of its lawyers at First Liberty Institute explained to EWTN News that its hands are tied by the statute and the Oklahoma Supreme Court’s decision.“They’re following that order,” said Hiram Sasser, executive general counsel for First Liberty and the lawyer representing SCSB. “But [they] would be happy if the federal court didn’t [require the school board] to engage in that kind of discrimination.”Sasser said the SCSB does not want to exclude an applicant “simply because it’s religious” and would rather evaluate applicants “just based on the merits.” But he said the order “makes them exclude religious schools just because they’re religious.”“They want to maximize all of the various choices and opportunities for parents,” he added.Sasser said he hopes the question goes to the U.S. Supreme Court again so “we’ll get an answer — a real answer.” He said it would provide more clarity for the school board, which “needs an answer.”John Meiser, director of the Lindsay and Matt Moroun Religious Liberty Clinic at the University of Notre Dame and the lawyer who represented St. Isidore at the Supreme Court, told EWTN News that the question ultimately comes down to whether charter schools are private or public institutions.In Oklahoma, he said charter schools “are called public schools” and that label “introduces a confusion that I don’t think would be present if they chose any other word.”He said Supreme Court precedent is clear that religious institutions must have equal access to government programs available to private institutions, but if a charter school is a “government school,” that “doesn’t apply” because the government “doesn’t and can’t run religious schools.”In spite of the label, Meiser said charter schools in Oklahoma are “formed and designed and run by private groups” and people who work there “are private employees.” He said the structure “looks just like a government contract” and funding from the government “doesn’t turn all those private contractors into the government itself.”“The dispute is really just about, ‘Well is a charter school in some way different?’” he said.Although Meiser said he is not aware of any ongoing Catholic efforts to recreate a charter school, he said that a Supreme Court ruling in favor of the National Ben Gamla Jewish Charter School Foundation’s constitutional arguments for equal access “would presumably apply to all religious operators of schools, and so it would open the door to a Catholic charter school or other religiously based charter school.”Attorney general stands firmDrummond, who remains Oklahoma’s attorney general, is standing firm in opposing the creation of religious charter schools and is fighting against National Ben Gamla Jewish Charter School Foundation’s efforts."This matter was resolved when the state Supreme Courtʼs ruling to prevent taxpayer funded religious charter schools was upheld by the U.S. Supreme Court last year,” Leslie Berger, press secretary for the attorney general’s office, told EWTN News.Drummond has also criticized the charter school board in public statements surrounding this legal battle in March, accusing the SCSB of “playing politics with the taxpayers' money” and alleged it “manipulated the record [about why National Ben Gamla Jewish Charter School Foundation’s application was rejected] to make that lawsuit easier to lose — not win.”"A state agency that deliberately hobbles its own legal position is not doing its job — it is betraying Oklahoma taxpayers,” he said. “I will not allow that.”Drummond has garnered support from the American Civil Liberties Union (ACLU) and the Freedom From Religion Foundation (FFRF) for opposing the creation of religious charter schools.Attorneys for FFRF are representing seven Oklahomans who oppose their tax money being used to support religious charter schools.“The federal court should rule according to constitutional principles,” FFRF Co-President Annie Laurie Gaylor said in a statement. “A religious public charter school has no place in our secular public education system.”It’s unclear when the federal court will issue its ruling, but National Ben Gamla Jewish Charter School Foundation has asked the judge to issue a preliminary injunction against the state so it can begin operating a school while the litigation plays out.
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Federal court hears arguments on Oklahoma’s ban for religious charter schools #Catholic A federal court heard oral arguments on Aug. 5 about whether an Oklahoma law banning religious charter schools violates the First Amendment’s protection of the free exercise of religion.Oklahoma established a charter school system in 1999, which provides public funds for privately run K–12 schools to which parents can send their children instead of a public school operated by a school district. The law only allows “nonsectarian” applicants, which prevents any participation from schools that have a religious identity.In 2023, the Oklahoma Statewide Charter School Board (SCSB) approved an application from a proposed Catholic charter school — St. Isidore of Seville Catholic Virtual School — which led to a legal challenge from Oklahoma Attorney General Gentner Drummond, who opposed religious charter schools.The Oklahoma Supreme Court sided against the school, finding that charter schools are public schools and that public schools must be secular. St. Isidore appealed this to the U.S. Supreme Court, but that resulted in a 4-4 deadlock with no majority opinion because Justice Amy Coney Barrett had a conflict of interest and recused herself.Amid no clear guidance from the federal courts, a Jewish organization — National Ben Gamla Jewish Charter School Foundation — filed an application to set up a charter school, which was denied. The group, represented by lawyers at the Becket Fund, filed a new lawsuit and asked a federal district court to require the SCSB to consider religious applicants.“Oklahoma makes room in its charter program for schools of all shapes and sizes, from those focused on science and fine arts to language immersion and classical education,” Daniel Chen, a Becket attorney representing the Jewish foundation, said in a statement.“The one it refuses to make room for is a faith-based school,” Chen added. “That is religious discrimination, plain and simple, and the state deserves a failing grade for it.”Chen told EWTN News that Becket is asking the federal court to immediately allow National Ben Gamla Jewish Charter School Foundation to set up a charter school, citing U.S. Supreme Court precedent that requires government programs to allow religious institutions the same access as secular institutions.“They’re private actors,” he said. “And because they’re private actors, they cannot be excluded from participating in a public benefits program.”Chen said the federal district court is not bound by the precedent of the Oklahoma Supreme Court because that is a state court, so it could rule in favor of the school. He also said if the case goes to the U.S. Supreme Court, he hopes Barrett can weigh in to break the 4-4 deadlock.“We’re hoping that [for] our case, there wouldn’t have to be any recusals,” he said.School board’s hands are tiedAlthough the charter school board denied the application from the National Ben Gamla Jewish Charter School Foundation, one of its lawyers at First Liberty Institute explained to EWTN News that its hands are tied by the statute and the Oklahoma Supreme Court’s decision.“They’re following that order,” said Hiram Sasser, executive general counsel for First Liberty and the lawyer representing SCSB. “But [they] would be happy if the federal court didn’t [require the school board] to engage in that kind of discrimination.”Sasser said the SCSB does not want to exclude an applicant “simply because it’s religious” and would rather evaluate applicants “just based on the merits.” But he said the order “makes them exclude religious schools just because they’re religious.”“They want to maximize all of the various choices and opportunities for parents,” he added.Sasser said he hopes the question goes to the U.S. Supreme Court again so “we’ll get an answer — a real answer.” He said it would provide more clarity for the school board, which “needs an answer.”John Meiser, director of the Lindsay and Matt Moroun Religious Liberty Clinic at the University of Notre Dame and the lawyer who represented St. Isidore at the Supreme Court, told EWTN News that the question ultimately comes down to whether charter schools are private or public institutions.In Oklahoma, he said charter schools “are called public schools” and that label “introduces a confusion that I don’t think would be present if they chose any other word.”He said Supreme Court precedent is clear that religious institutions must have equal access to government programs available to private institutions, but if a charter school is a “government school,” that “doesn’t apply” because the government “doesn’t and can’t run religious schools.”In spite of the label, Meiser said charter schools in Oklahoma are “formed and designed and run by private groups” and people who work there “are private employees.” He said the structure “looks just like a government contract” and funding from the government “doesn’t turn all those private contractors into the government itself.”“The dispute is really just about, ‘Well is a charter school in some way different?’” he said.Although Meiser said he is not aware of any ongoing Catholic efforts to recreate a charter school, he said that a Supreme Court ruling in favor of the National Ben Gamla Jewish Charter School Foundation’s constitutional arguments for equal access “would presumably apply to all religious operators of schools, and so it would open the door to a Catholic charter school or other religiously based charter school.”Attorney general stands firmDrummond, who remains Oklahoma’s attorney general, is standing firm in opposing the creation of religious charter schools and is fighting against National Ben Gamla Jewish Charter School Foundation’s efforts."This matter was resolved when the state Supreme Courtʼs ruling to prevent taxpayer funded religious charter schools was upheld by the U.S. Supreme Court last year,” Leslie Berger, press secretary for the attorney general’s office, told EWTN News.Drummond has also criticized the charter school board in public statements surrounding this legal battle in March, accusing the SCSB of “playing politics with the taxpayers' money” and alleged it “manipulated the record [about why National Ben Gamla Jewish Charter School Foundation’s application was rejected] to make that lawsuit easier to lose — not win.”"A state agency that deliberately hobbles its own legal position is not doing its job — it is betraying Oklahoma taxpayers,” he said. “I will not allow that.”Drummond has garnered support from the American Civil Liberties Union (ACLU) and the Freedom From Religion Foundation (FFRF) for opposing the creation of religious charter schools.Attorneys for FFRF are representing seven Oklahomans who oppose their tax money being used to support religious charter schools.“The federal court should rule according to constitutional principles,” FFRF Co-President Annie Laurie Gaylor said in a statement. “A religious public charter school has no place in our secular public education system.”It’s unclear when the federal court will issue its ruling, but National Ben Gamla Jewish Charter School Foundation has asked the judge to issue a preliminary injunction against the state so it can begin operating a school while the litigation plays out.

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Oklahoma’s Statewide Charter School Board wants to approve religious charter schools, but a ruling from the Oklahoma Supreme Court and efforts by the state attorney general prevent it from doing so.

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SSPX Masses an ‘abuse’ of Eucharist: U.S. bishops continue to urge Catholics not to attend #Catholic U.S. bishops continue to instruct Catholics to separate themselves from the schismatic Society of St. Pius X (SSPX) while urging the society’s members to return to full communion with the Catholic Church.The Vatican declared July 2 that six prelates involved in the SSPX’s unauthorized July 1 episcopal consecrations incurred automatic excommunication. Despite repeated warnings, SSPX bishops consecrated four new bishops without a pontifical mandate — an act of open disobedience to the authority of the pope that carries automatic excommunication for the six bishops involved.Lay faithful who formally adhere to SSPX are also considered schismatic and can incur excommunication by continuing to attend SSPX services after the Church’s formal pronouncement of a schism.Various Catholic bishops with SSPX locations in their dioceses are explicitly forbidding Catholics from attending SSPX Masses, instructing them to avoid the now-illicit sacraments and to withdraw their children from SSPX-affiliated schools while also urging frequent attendees and SSPX priests to seek spiritual guidance and return to the Catholic Church.Abuse of the EucharistBishop Michael Burbidge of Arlington, Virginia, instructed Catholics to “avoid participating in the activities of the SSPX.”Burbidge emphasized in a July 8 letter to his flock that “as a result of the SSPXʼs schismatic act, any celebrations of the sacraments of confession and matrimony by the SSPX are invalid, and the administration of other sacraments is illicit.”Bishop John Iffert of Covington, Kentucky, explained what it means for these sacraments to be “illicit.”“This means that the celebrations are not permitted by the law of the Church and the cleric offering the sacrament commits the canonical and moral fault of disobedience in each instance,” Iffert said.“The Masses these priests celebrate are an abuse of the Eucharist, insofar as they make the sacrament of unity into an occasion of division within the Church, and so they should be firmly rejected and avoided by all the Catholic faithful,” Iffert said.“Together with the priests of the diocese, I invite all Catholics who have been attending the SSPX liturgy to practice their faith in one of the parishes, missions, or chapels of the diocese,” Iffert said. “You will find the Catholic Mass and the sacramental life celebrated faithfully and respectfully throughout the Diocese of Covington.”Who is in schism?Burbidge clarified that not all attendees of SSPX are necessarily in schism but must simply return to sacraments and ministries in union with the Church.“I encourage any persons locally who have been attached to the SSPX and who desire the spiritual nourishment of the Church and the extraordinary form of the Mass to become active in any one of the eight locations in our diocese where this is currently possible,” Burbidge said.“Although lay faithful who formally adhere to the SSPX are considered schismatic and excommunicated, this does not apply to lay faithful ‘who do not reject the magisterium of the authority of the Roman pontiff’ and have engaged with the SSPX for solely liturgical or spiritual reasons,” Burbidge said. “Such persons must simply resolve not to continue to participate in future SSPX sacramental worship or pastoral ministries.”“The Holy See, in the spirit of conciliation, has outlined the procedure necessary for SSPX priests and lay faithful to return to Catholic communion,” Burbidge explained.Bishop Manuel de Jesús Rodríguez of Palm Beach, Florida, issued a decree reiterating the Holy See’s excommunication and instructing the faithful to separate from SSPX in any "ecclesiastical ministry” or “diocesan entity.”Rodríguez also provided instructions for any Catholics who wish to leave SSPX “and enter into full communion with the Catholic Church."How SSPX’s schism affects educationThe schismatic acts of SSPX have a trickle-down effect, even affecting the education of children.In Covington, Kentucky, two schools are affiliated with SSPX. Iffert has instructed Catholics to withdraw their children from the schools due to the schismatic nature of the group.“Because Assumption Academy and Our Lady of the Sacred Heart Academy are associated with the SSPX, Catholic parents should not enroll their children in these schools,” Iffert said in a letter. “To do so is to entrust the religious formation of children to those who participate in schism against the Roman Catholic Church.”He encouraged parents to reach out to the diocesan Catholic schools office for “appropriate placement in a local Catholic school.”Praying for returnThe bishops prayed for union and for society members to return to the Church.“I pledge to pray for the bishops and priests of the SSPX and for their faithful return to regular order in the Catholic Church,” Iffert said. “I also assure the lay faithful who have been attached to the SSPX of my prayer for their good and for the restoration of unity in the Church.”Burbidge prayed especially for SSPX priests.“To my brother priests in the SSPX, please know of my prayers for you and my heartfelt desire for your return to full communion with the Church,” Burbidge said. “I invite all the faithful to join me in prayer for the end of all division and schism and for the unity of the Church, so that she may better fulfill the divine commission to make disciples of all nations.”“I ask all faithful Catholics to pray for restored unity and order in the Church and in our diocese,” Iffert said. “Please beg the intercession of Pope St. Pius X, that his name may always give glory to God and never be a sign of division in the Eucharistic community that he cherished.”
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SSPX Masses an ‘abuse’ of Eucharist: U.S. bishops continue to urge Catholics not to attend #Catholic U.S. bishops continue to instruct Catholics to separate themselves from the schismatic Society of St. Pius X (SSPX) while urging the society’s members to return to full communion with the Catholic Church.The Vatican declared July 2 that six prelates involved in the SSPX’s unauthorized July 1 episcopal consecrations incurred automatic excommunication. Despite repeated warnings, SSPX bishops consecrated four new bishops without a pontifical mandate — an act of open disobedience to the authority of the pope that carries automatic excommunication for the six bishops involved.Lay faithful who formally adhere to SSPX are also considered schismatic and can incur excommunication by continuing to attend SSPX services after the Church’s formal pronouncement of a schism.Various Catholic bishops with SSPX locations in their dioceses are explicitly forbidding Catholics from attending SSPX Masses, instructing them to avoid the now-illicit sacraments and to withdraw their children from SSPX-affiliated schools while also urging frequent attendees and SSPX priests to seek spiritual guidance and return to the Catholic Church.Abuse of the EucharistBishop Michael Burbidge of Arlington, Virginia, instructed Catholics to “avoid participating in the activities of the SSPX.”Burbidge emphasized in a July 8 letter to his flock that “as a result of the SSPXʼs schismatic act, any celebrations of the sacraments of confession and matrimony by the SSPX are invalid, and the administration of other sacraments is illicit.”Bishop John Iffert of Covington, Kentucky, explained what it means for these sacraments to be “illicit.”“This means that the celebrations are not permitted by the law of the Church and the cleric offering the sacrament commits the canonical and moral fault of disobedience in each instance,” Iffert said.“The Masses these priests celebrate are an abuse of the Eucharist, insofar as they make the sacrament of unity into an occasion of division within the Church, and so they should be firmly rejected and avoided by all the Catholic faithful,” Iffert said.“Together with the priests of the diocese, I invite all Catholics who have been attending the SSPX liturgy to practice their faith in one of the parishes, missions, or chapels of the diocese,” Iffert said. “You will find the Catholic Mass and the sacramental life celebrated faithfully and respectfully throughout the Diocese of Covington.”Who is in schism?Burbidge clarified that not all attendees of SSPX are necessarily in schism but must simply return to sacraments and ministries in union with the Church.“I encourage any persons locally who have been attached to the SSPX and who desire the spiritual nourishment of the Church and the extraordinary form of the Mass to become active in any one of the eight locations in our diocese where this is currently possible,” Burbidge said.“Although lay faithful who formally adhere to the SSPX are considered schismatic and excommunicated, this does not apply to lay faithful ‘who do not reject the magisterium of the authority of the Roman pontiff’ and have engaged with the SSPX for solely liturgical or spiritual reasons,” Burbidge said. “Such persons must simply resolve not to continue to participate in future SSPX sacramental worship or pastoral ministries.”“The Holy See, in the spirit of conciliation, has outlined the procedure necessary for SSPX priests and lay faithful to return to Catholic communion,” Burbidge explained.Bishop Manuel de Jesús Rodríguez of Palm Beach, Florida, issued a decree reiterating the Holy See’s excommunication and instructing the faithful to separate from SSPX in any "ecclesiastical ministry” or “diocesan entity.”Rodríguez also provided instructions for any Catholics who wish to leave SSPX “and enter into full communion with the Catholic Church."How SSPX’s schism affects educationThe schismatic acts of SSPX have a trickle-down effect, even affecting the education of children.In Covington, Kentucky, two schools are affiliated with SSPX. Iffert has instructed Catholics to withdraw their children from the schools due to the schismatic nature of the group.“Because Assumption Academy and Our Lady of the Sacred Heart Academy are associated with the SSPX, Catholic parents should not enroll their children in these schools,” Iffert said in a letter. “To do so is to entrust the religious formation of children to those who participate in schism against the Roman Catholic Church.”He encouraged parents to reach out to the diocesan Catholic schools office for “appropriate placement in a local Catholic school.”Praying for returnThe bishops prayed for union and for society members to return to the Church.“I pledge to pray for the bishops and priests of the SSPX and for their faithful return to regular order in the Catholic Church,” Iffert said. “I also assure the lay faithful who have been attached to the SSPX of my prayer for their good and for the restoration of unity in the Church.”Burbidge prayed especially for SSPX priests.“To my brother priests in the SSPX, please know of my prayers for you and my heartfelt desire for your return to full communion with the Church,” Burbidge said. “I invite all the faithful to join me in prayer for the end of all division and schism and for the unity of the Church, so that she may better fulfill the divine commission to make disciples of all nations.”“I ask all faithful Catholics to pray for restored unity and order in the Church and in our diocese,” Iffert said. “Please beg the intercession of Pope St. Pius X, that his name may always give glory to God and never be a sign of division in the Eucharistic community that he cherished.”

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More U.S. bishops are instructing Catholics to avoid attending Society of St. Pius X (SSPX) events in light of the recent excommunications of SSPX leadership.

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Picture of the day Sand dunes of the Thar Desert in the Indian state of Rajasthan. On this day in 1949, the state was formed after a merger of several Rajput princely states into the Indian Union following India’s independence from British colonial rule. #ImageOfTheDay

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Picture of the day
Sand dunes of the Thar Desert in the Indian state of Rajasthan. On this day in 1949, the state was formed after a merger of several Rajput princely states into the Indian Union following India’s independence from British colonial rule.
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