Over the past few years, vouchers have been endorsed by state legislatures even though the public overwhelmingly opposes them. Nearly a score of state referenda have been held, and in every single state, voters rejected vouchers. Even voters in red states said NO to vouchers.

Voters don’t want to pay for tuition at private and religious schools. But legislators ignore their votes. In Arizona, voters rejected vouchers by 65-35%. But the legislature passed a voucher bill anyway, and the cost to subsidize these nonpublic schools is $1 billion a year.

Today’s evangelists for subsidizing religious schools have chosen to ignore the admonitions of the Founding Fathers, who made clear their opposition to state-funded religion. When Thomas Jefferson wrote about “separation of church and state,” he was referencing a widely held principle.

Josh Cowen recently wrote about this issue on his Substack blog:

Since the U.S. Supreme Court rolled back fifty years of national reproductive freedom in Dobbs v. Jackson Women’s Health Organization in 2022, the Christian Right has turned to another long-held priority: an eventual Court ruling that states must fund religious education.

Over the past few weeks, efforts to create religious charter schools have seen new life. Charter schools are public schools operated outside of the traditional district framework. They can be independently managed by a non-profit or, in some states, for-profit management group, or they can be part of larger networks of charter providers. There are roughy 8,000 charter schools across the country, serving nearly 4 million students.

Blurring Public and Private

In mid-2025, a case called St. Isidore of Seville Catholic Virtual School v. Drummond deadlocked at the Supreme Court, 4-4. It returned back to Oklahoma, where that state’s highest court had invalidated efforts by a Catholic-run provider to operate a virtual charter school. Had the Court ruled in St. Isidore’s favor, it would have effectively created the nation’s first church-run public school.

But Justice Amy Coney Barrett recused herself, reportedly because her best friend, a law professor named Nicole Garnett, had worked extensively on the legal defense for the Catholic charter school (Side note: while I’m glad Barrett recused herself, notice that the one conservative woman on the Court has held herself to a higher ethical standard than right-wing guys like Clarence Thomas and Sam Alito).

The Court’s 4-4 ruling was less a definitive position and more an artifact of the small, insular nature of conservative—and especially Catholic conservative—American legal networks.
Now, efforts to create a Jewish charter school in Oklahoma, and Christian public schools in Colorado and Tennessee are taking new shape.

Technically, these cases operate in a separate stream of legal theory from school voucher jurisprudence. Vouchers are simply taxpayer subsidies for private schools—either through the tax code or directly through state funds. And since 2002’s Zelman v. Simmons-Harris, their application to religious schools has been constitutional. Three voucher-related cases since 2017—Trinity Lutheran Church of Columbia v. Comer (2017), Espinoza v. Montana Department of Revenue (2020) and Carson v. Makin (2022, 3 days before Dobbs)—have extended protections to religious schools in state voucher systems.

Basically, once states use public dollars to subsidize private providers of a certain social service (such as education), they can’t limit those providers to non-religious organizations.

But for now, state’s don’t have to provide voucher funding to parents. It’s just that if they do fund vouchers, they must allow vouchers to be spent at religious schools too.

This connects to the question of religious charter schools because although charter schools are legally public entities, the organizations operating them in most cases are private. In theory, the arrangements governing these groups are similar to situations where a school district contracts with a private transportation company for their buses, or a cleaning company for their buildings. Except that with charter schools, the contracted party typically provides instructional materials and even often supplies the teachers.

What right-wing activists want is for the Supreme Court to say that states can’t prevent religious organizations from running public schools as part of a charter agreement
And in that, they are taking one tactical approach in a broader legal and political strategy to simply require states to fund religious instruction.

Establishment and Free Exercise

Spurred partly by new “education savings accounts” spreading in red states (aka vouchers, with additional allowable expenses beyond tuition), a vast network of conservative Christian homeschoolers is pushing for new legal rights. Including mandatory subsidies for their homeschools.

And Betsy DeVos, the billionaire and former U.S. Education Secretary, has made no secret of her desire to see the Supreme Court overturn more than a century of state “Blaine Amendments” prohibiting public dollars spent on religious schools. That would basically force all states to pay for some form of religious instruction.

All of this is possible in large part due to the efforts of Leonard Leo, the Catholic super-fixer of right-wing judicial politics all-but-responsible for the Court’s current conservative majority. Leo has made clear that following Dobbs, state-funded religious education is his next major project in the federal judiciary. And he’s enlisting the Alliance Defending Freedom (the main litigation group in Dobbs) to help lead the way. Beyond garden-variety culture warring, this is partly what the sustained effort to holler about LGBTQ and especially trans-students in public schools is about.

Meanwhile, brand new guidance from what’s left of the U.S. Department of Education is informing public schools across the country that federal dollars will now be tied to expansive interpretations of the right for school personnel to pray during the day in schools. So long as they do not technically compel students to pray at lunch or at the start of the school day, teachers and school leaders may choose to lead their students in prayer.

The end-game here is to de-emphasize the first part of the First Amendment—the Establishment Clause prohibiting government from establishing a single religion—and to emphasize the second part, the Free Exercise Clause.

The argument pushed by DeVos, Leo, ADF and their allies is that by providing taxpayer support only for secular public schools, states are putting undue hardship on families who see religious education as a fundamental part of their free exercise of faith but must pay out-of-pocket for it.

What’s at Stake

It’s possible—even necessary—to object to all this without attacking faith. I’m a Christian man myself, looking forward to the season of reflection of Lent that begins next week.

But church-based public schools are the plan on the Right. And although it’s mostly a battle that will take place in the courts, it’s also a battle that’ll take place in legislatures and in the court of public opinion. And those venues are determined by elections and by political organizing.

When I argue that Democrats have to get serious about improving public schools as part of defending public schools, I’m not just making an argument about campaign strategy (though I’m making that argument too).

What’s at stake here is that the American Right is obsessed with schools, and with carving more and more dollars out to subsidize religious education. And that’s going to be what happens without countering that objective with a bold, sustained vision for educational opportunity for every child.