Voters in Florida could have a chance to enshrine religious protections in schools in the Florida Constitution, the same protections already established in statute.

The measure, , pitched as establishing a constant constitutional law as opposed to more-often-altered statutory law, passed the House Education Administration Subcommittee Wednesday. It has another committee date before heading to the full House.

Bill sponsor Rep. Chase Tramont, a Republican from Port Orange, called it 鈥渁 very common-sense resolution.鈥�

鈥淎ll of this is in state statute right now, so it is current law. My argument would be that protecting religious liberty and expression is arguably the most necessary thing to do. Laws are constantly being shifted, repealed, amended, and all sorts of things that happen,鈥� Tramont said during the first committee stop Wednesday.

Lawmakers are proposing language for voters to approve that would prohibit school districts from discriminating against students, parents, and school employees based on religious viewpoint.

鈥淎 school district shall treat a student鈥檚 voluntary expression of a religious viewpoint on an otherwise permissible subject in the same manner that the school district treats a student鈥檚 voluntary expression of a secular viewpoint,鈥� it states in part.

Schools must allow religious expression in coursework, artwork, clothing, and prayer, as already protected under the 2017 Student and School Personnel Religious Liberties Act.

Tramont pointed out that the resolution does not mention any one religion and does include all faiths.

鈥淭hat鈥檚 part of free speech 鈥� part of freedom of expression is the ability to be acceptance of all faiths,鈥� Tramont said.

The resolution passed with one vote in opposition, Democratic Rep. Angie Nixon, who voiced concerns about how it could alter curriculum. She indicated a willingness to support the measure on the floor.

Devon Graham from American Atheists said the resolution is not necessary.

鈥淭he sponsors and supporters will say that nowhere in this bill is any specific religion mentioned, but this will just boost religious protections. This is not our first rodeo. This is all double speak that we鈥檝e heard before,鈥� Graham said during public comment.

Graham pointed to the that provides moment of silences in public schools, pitched initially as being a chance for self reflection and later lauded by the governor as a religious freedom measure and signed by him at a synagogue.

鈥淲ithout supporting or discouraging student prayer, each public school must require teachers in first-period classrooms in all grades to set aside at least one minute, but not more than two minutes, daily for a moment of silence, during which a student may not interfere with other students鈥� participation,鈥� the proposed amendment reads.

Graham also referenced that Satanists would not be permitted to participate in the school chaplain program passed in 2024 as 鈥渃herry-picking鈥� religions.

SJR 1104, identical, has two committees to pass, too. It is sponsored by Sen. Ralph Massullo, a Republican from Lecanto.

For the joint resolution to be placed on the ballot, each chamber must approve it by a three-fifths vote.

The resolution, if passed, would be put on the ballot for the Nov. 3, 2026 election. It would require approval by at least 60% of voters to pass.

Of course, the U.S. Constitution provides religious protection, too. It requires teachers to remain neutral in treating religious matters in school.

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: info@floridaphoenix.com.

Two months after the U.S. Supreme Court granted public school parents the right to withdraw their children from materials and discussions on LGBTQ+ issues and other subjects that conflict with their 鈥渟incerely held religious beliefs,鈥� conservative leaders in California are predicting schools will be swamped with opt-out demands. 

That hasn鈥檛 happened yet, but attorneys agree that this latest escalation of the culture wars will likely cause turmoil, confusion, and years of litigation, largely because the court offered no guidance on how opt-out requests should be handled, how religious belief claims can or should be verified, and how schools should handle potential logistical issues.

鈥淭here is a lot of trepidation about how to handle this issue in a way that is legally compliant and doesn鈥檛 trigger a backlash from one side of the issue or the other,鈥� Troy Flint, a spokesperson for the California School Boards Association, told EdSource via email Saturday night.

鈥淪uperintendents have concerns about how to make a fact-specific determination regarding parent requests, and we have heard of districts getting threats of litigation from both sides,鈥� he said.

LGBTQ+ advocates and defenders of the state鈥檚 progressive school standards are threatening discrimination lawsuits if opt-outs are granted, Flint said. Parents are threatening to sue if they aren鈥檛 granted immediately.

In most districts, he added, leaders 鈥渁re hesitant to address this publicly for fear of attracting more scrutiny and making the issue even more difficult to manage.鈥�

A leading academic on education law said that while the Supreme Court decision was based on parental objections to LGBTQ+ books and lessons, the religious opt-outs are likely to have a broader reach.

鈥淚t is deeply misguided for people to believe that this case is only about LGBTQ+ and equality,鈥� Yale Law School professor Justin Driver told EdSource. The decision 鈥渟weeps, given the prevalence of deeply felt religious objections, to lots of material,鈥� he said.

It could 鈥渁ffect everything from reading to science, to literature to history. It鈥檚 difficult to overstate the significance of the decision,鈥� Driver said. 鈥淪ome people think Bert and Ernie are gay. Is 鈥楽esame Street鈥� now suspect?鈥�

California, for instance, requires students to learn the history of gay people fighting for civil rights and the story of the country鈥檚 first openly gay elected official, Harvey Milk. The San Francisco supervisor was assassinated in 1978 and posthumously awarded the Presidential Medal of Freedom by former President Barack Obama.

Flint said that parents 鈥渋n at least one district have hinted at trying to expand the opt-out requests to other types of instructional materials.鈥� He did not identify those materials.

Meanwhile, as school administrators ponder their next steps, firebrand social conservatives are seizing the moment that the nation鈥檚 highest court created.

鈥淭here should be opt-outs. There are things that go against what God laid down,鈥� pastor Angelo Frazier, of Bakersfield鈥檚 RiverLakes Community Church, said of what鈥檚 taught in California schools. 

鈥淚t鈥檚 not education. It鈥檚 鈥榊ou can touch me here.鈥� It鈥檚 very suggestive and inappropriate.鈥� He said the ruling was a relief to frustrated parents in his congregation. 鈥淚t gives them breathing room.鈥�

The leader of a Fresno-based Christian group, long involved in parental rights advocacy, said the state is no longer in charge of what children learn in school.

The ruling shows that 鈥減arents are the ultimate determination of whose values get taught to the child,鈥� said Greg Burt of the California Family Council. 鈥淲e鈥檙e now in charge of deciding what we think is good and what we think is not good.鈥�

But as opt-outs begin to play out across California鈥檚 more than 10,000 public schools as the 2025-26 academic year opens, the only certainty from the case,  is that uncertainties abound 鈥� and may for years.

They include:

• Can or should parents file blanket opt-out requests stating they want their child removed from any and all instruction about LGBTQ+ topics, and leave school personnel to sort it out? Or should schools ask parents to review reading lists 鈥� often available online 鈥� and let parents flag those items to which they object?聽
• What do school leaders do with students whose parents opt them out of a class? Their class time still needs to be used for instruction. Where do they go?
• Who watches or instructs the youngest of removed students, who can鈥檛 be left unsupervised? Some of the books cited in the Supreme Court case, including ones about a child鈥檚 favorite uncle marrying a man and a puppy getting lost at a Pride parade, are used in kindergarten and even transitional kindergarten classes.
• Will school districts need to budget money to defend lawsuits from parents whose opt-out requests may be denied?聽
• Can parents even attempt to opt out their child from exposure to an LGBTQ+ teacher, or a teacher who displays a Pride flag in a classroom?

Lawyers and academics interviewed for this story said that Justice Samuel Alito鈥檚 decision, joined by the court鈥檚 five other conservatives, offered little guidance on how opt-outs should work.  

Mahmoud v. Taylor happened because the Montgomery County schools in suburban Maryland created an opt-out program to appease parents who objected to the teaching of LGBTQ+ materials on religious grounds. But the program ended in less than a year. Alito noted in his decision that school officials found that 鈥渋ndividual principals and teachers could not accommodate the growing number of opt-out requests without causing significant disruptions to the classroom environment.鈥� Parents then sued.

Focusing largely on principles of religious freedom, Alito鈥檚 decision doesn鈥檛 specifically address how opt-outs might work given the Maryland situation, or how claims of a sincerely held religious belief might be evaluated. 

The high court has long recognized the rights of parents to 鈥渄irect the religious upbringing of their children,鈥� he wrote, a principle at the case鈥檚 core.

But in a dissenting opinion, Justice Sonja Sotomayor predicted opt-outs would cause 鈥渃haos for this nation鈥檚 public schools.鈥�

Giving parents the chance to opt out of all lessons and story times that conflict with their beliefs 鈥渨ill impose impossible administrative burdens,鈥� Sotomayor wrote. It threatens the very essence of public education.

&苍产蝉辫;鈥淭he reverberations of the court鈥檚 error will be felt, I fear, for generations.鈥�

Opting out in California

Conservative groups in California opposed to LGBTQ+ themed teaching materials are generating letters and emails to school districts for parents to use to demand that school leaders proactively remove children from classes where there might be any mention of gay or transgender people, same-sex marriage and other related topics.

A nonprofit Riverside County law firm, Advocates for Faith & Freedom, created calling for children to be removed from any teaching involving 鈥済ender identity, the use of pronouns inconsistent with biological sex, sexual activity or intercourse of any kind, sexual orientation, or any LGBTQ+ topics鈥� so parents can raise children 鈥渋n the fear and knowledge of the Lord.鈥�

The letter gives principals 10 calendar days to respond in writing. Lack of a response 鈥渨ill be considered a denial鈥� that will cause parents to 鈥減roceed accordingly.鈥�  

Erin Mersino, an attorney at the firm, said via email, 鈥渞esponses were just starting to come in,鈥� and that it was too soon to discuss the letter鈥檚 effectiveness. Other groups are circulating at least four similar opt-out templates or email forms.  

The 10-day response demand in the nonprofit鈥檚 letter 鈥渋s insufficient in my opinion,鈥� said Mark Bresee, a La Jolla attorney specializing in education law.

Bresee also questioned if 鈥渁 blanket, year-long 鈥榦pt-out鈥� demand鈥� is consistent with Alito鈥檚 decision, noting that the justice wrote that the 鈥渞eligious development of a child will always be fact-intensive. It will depend on the specific religious beliefs and practices asserted, as well as the specific nature of the educational requirement or curricular feature at issue.鈥�

It鈥檚 unclear how far and fast those letters are circulating. Some school officials said they have received a few opt-out notices.

Conservative activist Brenda Lebsack, a Santa Ana Unified School District board member, said mass opt-out requests are unlikely to come until school districts themselves notify parents of the new right the court granted. 鈥淥pt-out forms should really be coming from the schools because if you鈥檙e getting opt-out forms from all these different law firms, and they鈥檙e all different, that could get really confusing,鈥� she said. 

At the Manteca Unified School District in San Joaquin County, Assistant Superintendent Victoria Brunn said late last week that only one 鈥渙pt-out request has been received so far. She said the parents who made it were told it would be granted. 

A spokesperson for the Turlock Unified School District in Stanislaus County said it had received a single inquiry about the opt-out process and created a standard form for requests, but that no requests had been received. Parents can either use the form or email a teacher, citing&苍产蝉辫;鈥�specific instructional content鈥� a student should not receive, according to a copy provided to EdSource.

鈥淭eachers can also provide notice of upcoming curriculum,鈥� the spokesperson wrote in an email.

At the Hope Elementary School District in Santa Barbara County, Superintendent Anne Hubbard created an opt-out form. As of Friday, it had been used once to opt out two children in the same family, she said. 

Last week, the board of the 85-student Howell Mountain Elementary School District in Napa County canceled plans to create an opt-out form after community objections.

鈥淗owell Mountain Elementary respects and values the LGBTQ+ community. We will not be adopting any type of opt-out form that specifically targets LGBTQ+ curriculum,鈥� Superintendent Joshua Munoz said in a statement. Instead, the district will remind parents annually that the right to opt out exists, but will not cite any specific curriculum.

 that among those who spoke to the board was a St. Helena High School junior who鈥檇 attended Howell Mountain.

鈥淲hen I was in seventh grade, I realized that I liked girls,鈥� she said. 鈥淚n school, the times that we were taught about LGBTQ+ people would remind me that I was not alone. I was not a freak or an alien. I was just me. And I could still do anything I wanted in my life.鈥�

In San Francisco, Mawan Omar, the parent of a sixth grader, told EdSource he intends to opt his son out of LGBTQ+ materials because the teaching contradicts his family鈥檚 Muslim faith.  

Omar said his son, Hezma, objected on his own to an LGBTQ+ lesson in elementary school because it was contrary to what he had learned from the Holy Quran. 鈥淗e just didn鈥檛 want to be around it because he knows our religion,鈥� Omar said. After what he described as a dispute with the school鈥檚 principal, it was agreed informally that Hezma would be allowed to leave any classes involving similar materials.聽聽

Now, Alito鈥檚 decision, Omar said, is gratifying. 鈥淲e knew all along we were right.鈥�

But Lebsack, who focuses on transgender issues and has formed an interfaith coalition primarily around them, said Alito鈥檚 decision isn鈥檛 enough.

鈥淚 think Mahmoud versus Taylor is throwing us crumbs,鈥� she said in an interview. 鈥淚 mean, I鈥檓 grateful for it, but it needs to go much further than that.鈥�

Lebsack, a special education teacher and former Orange County probation officer, claimed the California Department of Education is ripe to be sued under the First and 14th amendments for 鈥渃ompelling public school students to accept and affirm extremist ideologies of unlimited gender identities鈥� and for 鈥渂ringing extremist forced teachings into K-12 public education.鈥�

Asked to respond to Lebsack鈥檚 assertion, a spokesperson for the state Education Department directed a reporter to guidance posted online about Alito鈥檚 decision. It states, in part, 鈥淭he California Department of Education and California law continue to promote a safe, fair, and welcoming learning environment in all schools. It is important to note that Mahmoud does not invalidate or preempt California鈥檚 strong protections for LGBTQ+ youth from discrimination, harassment, and bullying.鈥� 

The goal: Banning books?

Other conservatives said they see a path where Alito鈥檚 decision could lead to the removal of books and teaching they oppose by overwhelming schools with opt-outs to the point where the best option is to remove the materials.

鈥淚f there are so many people who want to opt out of this curriculum, maybe we should stop teaching it,鈥� said Julie Hamill, an attorney and president of the California Justice Center. School leaders, she said, should be reflecting on whether they are 鈥渄oing something wrong as a district and educational entity. Those are questions that are not being asked right now. It鈥檚 very obvious that鈥檚 what needs to happen.鈥�

Sonja Shaw, a Chino Valley Unified School District board member running for state superintendent of public instruction in next year鈥檚 election, said she wants opt-outs to 鈥渙vertax the system to where they just give up, and they stop teaching this stuff.鈥�

If so many opt-outs were filed that books are removed from curricula, that would help, said Burt of the California Family Council, which has urged parents to flood districts with opt-outs. 鈥淲e鈥檙e advocating for good books in school, and we think these are bad books, so we鈥檙e not going to be sad if we see them go.鈥�

But an anti-censorship advocate said that would amount to book banning by a different name. 

鈥淚鈥檓 not at all surprised that this is their plan of attack,鈥� Tasslyn Magnusson, senior adviser to the Freedom to Read team at PEN America, an anti-censorship group, said of conservative activists. 鈥淭hese are books about families. These are books about how we experience the world, and they鈥檙e beautiful and well written,鈥� she said. 鈥淩emember that it鈥檚 important for kids to have a variety of materials in front of them that resonate with their lives and their experiences.鈥�

Another impact of the opt-outs will be how LGBTQ+ students and students from families with LGBTQ+ members will react when classmates leave and when teaching materials reflecting their lives are presented.

That could make 鈥渁 child feel they鈥檙e not only different, but that they鈥檙e not accepted or that they should be ashamed of the family that they have,鈥� said Jorge Reyes Salinas,  a spokesperson for Equality California, a civil rights group. Although the opt-outs promise to be disruptive, he said, they won鈥檛 end the state鈥檚 use of an inclusive curriculum. 鈥淲e鈥檙e talking about a very small population of parents that are ignorant and full of hate.鈥�

The presidents of California鈥檚 two largest teachers unions both said educators are not going to fold under pressure created by the high court鈥檚 decision.

鈥淭he role of the public school is to help students develop the critical thinking skills and knowledge necessary to engage in a pluralistic democracy,鈥� said Jeff Freitas, president of the California Federation of Teachers. 鈥淲e cannot have individuals dictating what is the good of the public. It鈥檚 also important that our public schools avoid over-compliance and refuse to capitulate to the weaponization of this decision.鈥�

David Goldberg, president of the California Teachers Association, said that teachers 鈥渨ill obviously follow the law, but we want to make it clear to our members that there are other laws in California around kids鈥� ability to learn about their own identity, cultures, or all kinds of identities. We鈥檙e going to still honor kids鈥� ability to learn about their own identity and all kinds of identities.鈥�

Goldberg also said it would be a mistake for school administrators to place the burden of opt-outs on teachers. 鈥淭eachers are overwhelmed already, just getting through the curriculum,鈥� he said. Opt-outs are 鈥渁 compliance thing that districts are going to need to figure out.鈥�

The Scopes Monkey Trial

The country has a long history of science clashing with religion.

Driver, the Yale law professor, noted that in a 1987 decision, the U.S. Court of Appeals for the Sixth Circuit overturned a lower court that ruled fundamentalist Christians could remove their children from public school lessons that depicted women working outside the home, which they argued conflicted with their religious beliefs. 

Now, following Alito鈥檚 decision in the Maryland case, the losing argument in that case could be successful, Driver said. 鈥淚t seems to me the Mahmoud versus Taylor decision empowered these sorts of objections to potentially carry the day.鈥�

Alito鈥檚 decision also came 100 years after the landmark court case on the teaching of evolution in public schools 鈥� the epic clash of science versus religion known as the Scopes Monkey Trial that pitted legendary lawyers Clarence Darrow and William Jennings Bryan against each other. 

Jennings, hired to prosecute a high school biology teacher, John Scopes, for teaching evolution against state law, won. But Tennessee鈥檚 Supreme Court later overturned Scopes鈥� conviction, ruling that a state law banning the teaching of evolution in public schools was unconstitutional.

But it didn鈥檛 end the debate over teaching science in the face of religious beliefs, said Pepperdine University law and history professor Edward Larson, author of . When it ended, 鈥渟chool districts all over the country and some states banned the teaching of the theory of human evolution,鈥� he said.

Even when religious objections were later banned, 鈥渁 series of state laws and local actions calling for balanced treatment of either teaching creation science, along with evolution, or later intelligent design鈥� followed, Larson said. Several states, including Alabama, require disclaimers in biology books stating evolution 鈥渋s just a theory,鈥� he said.

鈥淭he issue of evolution in public schools remains a flash point,鈥� Larson said.&苍产蝉辫;鈥淚t has been for a hundred years, it still is today.鈥�

As the Alito decision plays out in the coming years, Larson said, 鈥淪chools may want to force people to provide all sorts of evidence鈥� to prove their sincerely held religious beliefs.&苍产蝉辫;鈥淏ut I鈥檓 thinking that most won鈥檛 feel it鈥檚 worth their time to get too engaged,鈥� he added. 

鈥淭hat鈥檚 just inviting trouble.鈥� 

In the last 18 years, Wilkes County has lost 56 child care programs, 67% of its child care capacity. This year, thanks to a scrappy community effort, local leaders saved the county from losing another.

Sharon Phillips and her daughter Katy Hinson, owners of PlayWorks Early Care and Learning Center, cut the ribbon on their new location inside Wilkesboro United Methodist Church in April, expanding their business after months of wondering whether they鈥檇 survive at all.

鈥淚 consider what happened there a miracle,鈥� said Todd Maberry, former managing director of the , a project at Duke Divinity School focused on helping churches assess their communities鈥� needs and find new ways to meet them. The center, which is closing this summer, helped the Wilkesboro church decide how to use an empty wing to help address a local lack of child care and bring in new revenue.

The specifics of the initiative, called 鈥淏ig Building, Little Feet鈥� 鈥� both the people behind it and the speed at which they raised more than $600,000 as the five-star program faced eviction 鈥� are specific to this community. But the model itself, Maberry said, has lessons for the entire state.

鈥淭here鈥檚 not one of the 100 counties that doesn鈥檛 have a church that has an empty educational wing sitting there,鈥� Maberry said. 鈥淭his can be a blueprint.鈥�

With  and bipartisan state leaders , local leaders like those in Wilkes County are convening, collaborating, and raising money to make things work for their neighbors in the meantime.

鈥淐ommunities need to think outside the box,鈥� said Michelle Shepherd, executive director of , the local  partnership. 鈥淚 think that鈥檚 the biggest takeaway. These children deserve quality child care, and what does that look like, and what do communities have to offer?鈥�

A child care need, a church need

In 2023, Phillips and Hinson were touring every vacant building in town.

They were looking for a larger space to expand their 10-year-old business and help fill child care gaps. That year,  funded by the Leonard G Herring Family Foundation found that the county needed 836 additional child care slots, almost double the capacity it had. The report鈥檚 findings, released by the Wilkes Economic Development Corporation (EDC),  in the business community.

鈥淭he child care study revealed what a crisis we were in,鈥� Hinson said.

Hinson and her mother were already struggling with a balance familiar to child care owners. They did not have enough revenue to pay teachers much more than minimum wage, couldn鈥檛 raise tuition without pricing out families, and were unwilling to cut costs by lowering quality. Stabilization grants funded through the federal American Rescue Plan Act were expected to dry up, leaving a large gap in the budgets of .

鈥淲e just kind of felt like we had done all we could on our own two feet,鈥� Phillips said.

Phillips and Hinson were coming up short in their search. 

鈥淲e had knocked on doors, we had toured all the vacant buildings, we had been to town officials,鈥� Phillips said.

Then they started conversations with a local entity with its own financial struggles: Wilkesboro United Methodist Church. 

鈥淥ur church has dramatically shrunk 鈥� especially post-COVID,鈥� said Gilbert Cox, who has attended the church since 2008 and was the chair of its finance committee at the time. 

Cox recalled holidays when he first joined with people overflowing into the aisles and Sundays with regularly full pews. A couple of years after the pandemic, the church was lucky to have 50 members attending services.

鈥淭his is a very common story for a lot of congregations in the country, particularly in North Carolina, particularly in rural places, where mainline churches have just been decimated by a pandemic, by disagreements,鈥� Maberry said. 鈥淎nd Wilkesboro is not immune to that.鈥�

Plus, more than 90% of the church鈥檚 space was sitting unused more than 90% of the time, Cox said.

鈥淓ventually, what was an asset was going to turn into a liability,鈥� he said. 鈥淭he maintenance of it, and it stored more and more. I think we found five pianos. There were two in a closet we didn鈥檛 even know about.鈥�

The church entered a six-week 鈥渄esign sprint鈥� with the Ormond Center called the Community Craft Collaborative to figure out a different path forward. The process aims to helps churches better understand their community through data and interviews, and then encourages them to come up with an idea to experiment with.

Through a conversation with the EDC, Cox learned about the child care study鈥檚 findings. The organization connected him to Phillips and Hinson, who had recently reached out in their search for a new home.

By the end of the sprint, the church presented its idea: house and expand PlayWorks. Phillips and Hinson toured the church鈥檚 facilities and heard from the church鈥檚 leadership that they were on board.

鈥淗ow could we take what is becoming a liability, and better connect to the community?鈥� Cox said.

鈥楢 gut punch鈥�

In April 2024, a contractor gave an estimate on the building renovations necessary to meet regulatory standards. It would cost about $1.6 million. Everyone involved agreed: 鈥淚t was insurmountable,鈥� Cox said.

The potential collaboration felt like it had died, and Phillips and Hinson were back to square one.

鈥淓verybody ghosted,鈥� Phillips said.

While they were already down, they were hit with what Phillips described as 鈥渁 gut punch.鈥� In June 2024, the program received an eviction notice from its landlord, a local theater company that wanted to repurpose the space. PlayWorks had to be out by September. Their hunt for a new building became a make-or-break endeavor.

鈥淚 can just remember thinking, what are we going to do? What are we going to do? We don鈥檛 have any choices,鈥� Phillips said. 鈥淚 immediately called Michelle at the partnership.鈥�

Shepherd, who had been the executive director of Wilkes Community Partnership for Children for about a year, said she immediately understood the urgency. With a background in K-12 education, Shepherd had spent her time at the partnership learning about just how dire her county鈥檚 child care needs were and developing relationships with a whole new sector of educators.

鈥淲e just couldn鈥檛 let them fold,鈥� she said.

Shepherd鈥檚 leadership was a game-changer.

鈥淲hen she wouldn鈥檛 give up, I wouldn鈥檛 give up,鈥� Phillips said.

Through a $15,000 grant from the Ormond Center, the church paid an architect for renderings, moving forward without knowing whether things would work. Through a stroke of luck, a local contractor was called in to do the building鈥檚 measurements who was interested in bidding on the project. This time, the estimate came in at about $600,000.

鈥淢ichelle says, 鈥楧on鈥檛 give up,鈥� so it breathed new life into the possibility,鈥� Cox said. 鈥淓ven though the church didn鈥檛 have $590,000, Michelle 鈥� she deserves all the credit 鈥� she said, 鈥楲et me see what I can do.’鈥�

Time crunch

Everyone got busy. Hinson and Phillips asked their landlord for an extension on the move-out date. The church began a deeper process with the Ormond Center to map out the details of the project. Shepherd, with no fundraising experience, started making calls.

鈥淲e all stepped out in faith that it would happen,鈥� Hinson said.

The child care study helped Shepherd tell potential donors the story of the community鈥檚 need, she said, and explain the importance of child care for workforce participation.

鈥淭his was not some 鈥楤etty Froo Froo鈥� project; this was a necessity for our community,鈥� she said. 鈥淭hat really played on the heart of business people in the community.鈥�

Hinson and Phillips got an extension from their landlord for their move-out date to November, and then to April 2025.

Once Shepherd received the first big 鈥榶es鈥� 鈥� a $250,000 donation from an anonymous community member 鈥� others started following. 

鈥淭hat was my big driver, that we can鈥檛 tell these kids, 鈥榊ou鈥檝e got to go home,鈥� and parents that they can鈥檛 work that really want to work,鈥� she said.

She reached out to people with a connection to PlayWorks, who understood the importance of the high-quality care and education it provided for children and families. She received donations from dozens of individuals, including a large contribution from private donor Janice Story and funds from church members and partnership employees.

She also reached out to foundations and community groups, securing grants from the Carson Foundation, the Leonard G Herring Family Foundation, the Cannon Foundation, the North Carolina Community Foundation, and United Way of North Carolina.

The effort did not receive any local or state public funding.

鈥淎ll of a sudden, Michelle had almost a half a million dollars in a matter of almost weeks,鈥� Cox said.

The Ormond process provided real estate and zoning expertise, as well as  to help the community tell its story. It was rooted in 鈥渁sset mapping,鈥� Maberry said.

鈥淲e鈥檝e got a church with empty space, we鈥檝e got an incredible child care center that is flexible and can move, and we鈥檝e got a local nonprofit that鈥檚 committed to the well-being of children in the county,鈥� he said. 鈥淭hose are great assets. They can begin to look at, 鈥極K, well, there鈥檚 a child care crisis, and one of the better ones is about to go away. How do we solve that?鈥�

Shepherd said her mother was a salesperson, and always told her that salesmanship requires a good product and a powerful 鈥渨hy.鈥� She had both.

鈥淲e had people that gave $50 up to $250,000,鈥� she said. 鈥淚t truly was a community, dollar-by-dollar fundraiser.鈥�

Making it to opening day

From November 2024 to March 2025, the team reached their goal. The local contractor agreed to start construction before all the funding was secured to help Phillips and Hinson reach their move-out deadline.

There were many obstacles. The team almost had to call off the project once again when they realized the extent of the plumbing needs to have appropriate sinks in each room. They coordinated between sanitation, the county inspector, fire safety, and the state child care licensing under the Division of Child Development and Early Education (DCDEE).

鈥淭here was not a single source that you could go to who could give you all the answers,鈥� Cox said.

PlayWorks closed on March 20 and 21, a Thursday and Friday, plus the following Monday. In that long weekend, they moved with the help of family and friends and set up every classroom. On Monday, the center had its final sanitation inspection and a visit from DCDEE. They opened their doors to children on Tuesday.

The execution of the move, Phillips said, was a miracle in itself. Through the months of ups and downs, she kept thinking of the families she serves and the educators she employs.

鈥淚 kept going back to, how do we tell our staff? How do we tell our families? We are in such a child care crisis, there aren鈥檛 spots available in many places in the other child cares. How can we disperse 60 children in this county? You know, where are they going to go?鈥�

On the day EdNC visited PlayWorks, Hinson and Phillips were moving in sync. Hinson went between classrooms, providing extra hands for fussy infants. Phillips met with licensing officials in the office during their second DCDEE check-in, which required a fire drill.

鈥淲e never really dreamed that something like this would happen,鈥� Phillips said. 鈥淲e鈥檙e just the proud recipients.鈥�

The day before, they had celebrated the team鈥檚 accomplishments with a ribbon-cutting ceremony, during which church leaders called the moment 鈥渁 revival.鈥� But the next day, it was back to the work they both love and are challenged by.

The new space will allow PlayWorks to expand from serving 55 to 88 children as they add three new classrooms (for infants, toddlers, and 4-year-olds) in the coming months. 

The church is providing the space at less than $6 per square foot, Cox said, compared with the area鈥檚 average commercial lease of $28 per square foot. It is also covering utility costs.

Phillips said they do not expect any problem filling the new seats. They will first check with families on their waiting list. An interested family was visiting the program during the fire drill, during which all children were walked or rolled to a gazebo in the parking lot.

鈥淲ord of mouth is just really getting around,鈥� she said.

Valuing educators

Phillips and Hinson are still hiring and rearranging teachers to staff the new classrooms. Each room has three teachers for now, for 鈥渁n extra layer of quality.鈥�

They start teachers, depending on education level and experience, at anywhere from $10 to $15 per hour. The median wage for the state鈥檚 child care teachers was $12.31 . Though PlayWorks is not immune to  experienced by the field, multiple teachers have stayed for several years.

Teacher Rachel Brionez has worked at PlayWorks since it opened because of 鈥渢he environment that Sharon and Katie have created鈥� among the staff, the families, and the children. Educators refer to Phillips and Hinson as 鈥渢he dynamic duo.鈥�

鈥淭hey value us, and that makes coming to work so much better,鈥� Brionez said. 鈥淵ou don鈥檛 dread the alarm clock going off.鈥�

Brionez said her experiences in child care have not always been positive. Phillips said the same about her early career experiences.

Because of the low pay, high stress, and instability, Phillips had discouraged Hinson from going into the field. She pushed her to be a nurse instead. That all changed after one conversation, while Hinson, a high schooler at the time, was helping her mother with her pre-K class.

鈥淪he just broke down in tears, and she says, 鈥業鈥檓 not going to be a nurse,’鈥� Phillips said. 鈥淲e both cried. And she said, 鈥楾his is all I know through you.鈥� 鈥� I told her, 鈥榃e will do something for your career.鈥� And that鈥檚 why we鈥檙e here.鈥�

鈥楢 slim margin鈥�

Because of temporary state funding, the funding cliff that worried providers like Phillips and Hinson in 2023 was pushed back. In March 2025, programs received their final installment of the compensation grant, which has helped them raise teacher pay and plug the gap between what families can afford and what it costs to provide high-quality care.

鈥淲ith the stabilization grant money from the state, we were able to give teachers those raises and bonuses, and we鈥檙e going to do all we can for that to continue,鈥� Hinson said.

Advocates and DCDEE are asking the state legislature this session for child care investments to support the state鈥檚 child care subsidy program, which helps working low-income families afford care, and the early childhood workforce. None of the current proposals would provide the level of funding providers were receiving from stabilization grants.

鈥淚t鈥檚 worrisome,鈥� Phillips said. 鈥淚 really put it on the back burner, just knowing that, with the move and everything, we鈥檝e got to move forward.鈥�

As Phillips and Hinson both breathe a sigh of relief, they know their future remains unclear.

鈥淲e鈥檒l make it on a slim margin 鈥� or I hope we will,鈥� Phillips said. 鈥淚鈥檓 just thinking very optimistically that we鈥檒l make it work, but it鈥檚 going to be very hard.鈥�

A win-win model

Shepherd said the mutually beneficial partnership required resources that not every community has. She sees the state playing an important role in providing grant money to repurpose space 鈥� similar to the .

鈥淚 just think this is a great model for a lot of places to look at underutilized space and how to bring in some revenue for both,鈥� she said.

Maberry is hoping to find a new way to continue the work of the Ormond Center, which had 55 relationships with churches. Some were working on child care projects, he said. Others were opening mental health services and helping their communities with affordable housing.

鈥淐hurches are at their best when they are meaningfully integrated into their community and are making their communities better places to be and to live,鈥� he said.

The Wilkesboro project is an example of the power of dynamic partnerships and possibility in a time of disruption.

鈥淔or the church, it鈥檚 energized them,鈥� he said. 鈥淟ike they鈥檝e got kids in their building now, all day, every day, and they鈥檙e starting to think, like, OK, well, if we can do this, what else can we do? Imagination can be contagious.鈥�

The children, staff, and administrators at PlayWorks are settling in. Across the street is an assisted living center whose residents can now see playing children on their walks.

Phillips said she does not know whether Hinson will ever let her retire. They both said the new space feels like home.

鈥淲ith some hard work and perseverance, we鈥檝e made it,鈥� Phillips said.

This was originally published on .

Come September, every public school classroom in Texas could be required to display the Ten Commandments under a requirement that passed the Texas legislature Wednesday 鈥� part of a larger push in Texas and beyond to increase the role of religion in schools.

passed the Senate 28-3, despite a federal court ruling that a similar Louisiana law violated a constitutionally required separation of church and state.

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The bill preliminarily passed the House 88-49 on Saturday 鈥� the Jewish Sabbath day. The Ten Commandments forbids work on that day, Rep. noted in an effort to highlight legislative hypocrisy. The lower chamber鈥檚 initial approval came after more than two hours of debate and despite last-ditch Democratic efforts to water down the law, including giving school districts the opportunity to vote on the policy, and adding codes of ethics from different faiths into the bill.

On Sunday, the House passed the bill 82-46, but clarified in it that the state would be responsible for any legal fees if a school district were to be sued over the policy. The bill now goes to Gov. Greg Abbott, who is expected to sign it.

Sponsored by Sen. , a Republican from Weatherford, the bill requires every classroom to visibly display a poster sized at least 16 by 20 inches. The poster can鈥檛 include any text other than the language laid out in the bill, and no other similar posters may be displayed.

鈥淚t is incumbent on all of us to follow God鈥檚 law and I think we would all be better off if we did,鈥� Rep. , a Republican from Lucas who is carrying the bill in the House, said during the floor debate Saturday.

Supporters argue that the Ten Commandments and teachings of Christianity more generally are core to U.S. history, a message that has resurged in recent years as part of a broader national movement that considers the idea of church-state separation a myth.

That movement fueled Texas鈥� push to require signs if they were donated by a private foundation 鈥� signed into law in 2021. In 2024, the State Board of Education approved Bible-infused teaching materials.

This session, lawmakers have advanced bills that , and one that would require teachers to use the terms 鈥淎nno Domini鈥� (AD) 鈥� Latin for 鈥渋n the year of the Lord,鈥� and 鈥淏efore Christ鈥� (BC) when expressing dates.

Proponents of King鈥檚 bill also say making the Ten Commandments more prominent in schools will combat what movement leaders see as a generations-long moral decline.

Texas is one of 16 states where lawmakers have pursued the Ten Commandments bills.

Although the Supreme Court , supporters in Texas and beyond find support in the current makeup of the court鈥檚 justices and in the 2019 Supreme Court decision in Kennedy v. Bremerton School District, which found a football coach could lead prayers on the field after games.

But Robert Tuttle, a professor of religion and law at George Washington University, said allowing a private individual to pray 鈥� as in the Kennedy case 鈥� is different from displaying the Ten Commandments in the classroom.

Last June, a federal court struck down a 鈥� the first state this decade to pass such a law. The state is appealing the decision.

鈥淭he constant presence of a sacred text in the room with them is effectively telling them, 鈥楬ey, these are things you should read and obey,鈥欌�� Tuttle said. 鈥淭hat’s not the state’s job 鈥� to do religious instruction.鈥�

He also said that despite the Supreme Court trending in a more conservative direction, its decision Thursday that leaves in place a prohibition on the establishment of a could mean that the Court, for now, is not throwing out that principle.

During Texas legislative committee hearings, opponents from free speech and civil rights groups 鈥� 鈥� said the policy could send a message of exclusion to students of other faiths or those who don鈥檛 practice a religion. They also said the commandments were irrelevant to classes like math, and could prompt questions that were not age-appropriate, such as what adultery means.

The teachers union said it opposes the bill because members believe it violates the principle of separation of church and state.

鈥淧ublic schools are not supposed to be Sunday school,鈥� said spokesperson Clay Robison.

鈥� who is studying to become a minister 鈥� raised concerns in House floor discussions Wednesday that the First Amendment forbids imposing a state-sponsored religion.

鈥淢y faith means more to me than anything, but I don’t believe the government should be forcing religion onto any American citizen, especially our children,鈥� the Austin lawmaker told the Tribune. 鈥淚’m a Christian who firmly believes in the separation of church and state.鈥�

This article originally appeared in at . The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

Republican politicians who accuse public school teachers of indoctrinating students with a 鈥渨oke agenda鈥� are pushing to bring religious chaplains into the same schools to provide counseling to students.

鈥淚 think Jesus is a lot better than a psychologist,鈥� Rep. David Marshall, R-Snowflake, said during a March 11 meeting of the Arizona House of Representatives鈥� Education Committee.

Marshall said that he鈥檚 been a chaplain who provides counseling for 26 years.

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, sponsored by Flagstaff Republican Sen. Wendy Rogers, was modeled after similar legislation passed in recent years in Texas and Florida.

The proposal would give school districts the option of allowing volunteer religious chaplains to provide counseling and programs to public school students. Districts that decide to allow chaplains would be required to provide to parents a list of the volunteer chaplains at each school and their religious affiliation, and parents would be required to give permission for their child to receive support from a chaplain.

Despite ample concerns that the proposal violates the and that it would open up schools to legal liability for any bad mental health advice a chaplain might provide, the bill has already passed through the Senate on a party-line vote. The House Education Committee also approved it along party lines.

Rogers told the Education Committee that the existence of any requirement for the separation of church and state in U.S. law 鈥渨as a myth,鈥� adding that she sees no harm in bringing religion into public schools.

Rogers, a far-right extremist, has , and in 2022 , calling the attendees 鈥減atriots鈥� and advocating for the murder of her political enemies.

She has also said she is 鈥渉onored鈥� to be and regularly trafficks in antisemitic tropes. And Rogers has , appeared on and aligned herself with .

Democrats on the committee raised the alarm that Rogers鈥� bill would violate the Establishment Clause by allowing chaplains with religious affiliations to counsel students, while not providing the same kinds of services to students who don鈥檛 follow a religion or who follow a less-common religion with no chaplains available to the school.

An amendment to the bill, proposed by committee Chairman Matt Gress, a Phoenix Republican, requires that the chaplains be authorized to conduct religious activities by a religious group that believes in a supernatural being. The amendment would also allow a volunteer chaplain to be denied from the list if the school鈥檚 principal believes their counsel would be contrary to the school鈥檚 teachings.

Both of these changes would allow districts to exclude chaplains from The Satanic Temple of Arizona, a group that and has chapters across the country that challenge the intertwining of Christianity and government.

Oliver Spires, a minister with The Satanic Temple of Arizona, voiced his opposition to Rogers鈥� bill during a Feb. 5 Senate Education Committee meeting.

The legislation, Spires said, would disproportionately impact students from minority religions who see Christian chaplains providing support to their peers while no chaplains representing their religion are available.

鈥淚f a district listed a Satanist on their chaplain list, would they have your support?鈥� he asked the committee members.

Gress鈥檚 amendment would preclude that.

Gaelle Esposito, a lobbyist for the American Civil Liberties Union of Arizona, told committee members on Tuesday that school counselors are required to undergo specialized training to prepare them to help students 鈥� requirements that religious chaplains wouldn鈥檛 have to meet, even though they鈥檇 be providing similar services.

鈥淭hey will simply not be equipped to support students dealing with serious matters like anxiety, depression, eating disorders, self harm or suicidal ideation,鈥� Esposito said. 鈥淩eligious training is not a substitute for academic and professional training in counseling, health care or mental health鈥� Even with the best intentions, chaplains may provide inappropriate responses or interventions that could harm students.鈥�

But as Democrats on the House Education Committee argued that Arizona should provide more funding for trained counselors and social workers to help students with mental health issues, the Republicans on the panel said that students are actually struggling with mental health issues because they don鈥檛 have enough religion in their lives.

鈥淚鈥檝e heard that there is a mental health crisis afflicting kids,鈥� Gress, a former school board member, said. 鈥淣ow, I don鈥檛 necessarily think in many of these cases that something is medically wrong with these kids. I think, perhaps, there is a spiritual deficit that needs to be addressed.鈥�

Rep. Justin Olson, R-Mesa, said he鈥檚 been frustrated by the federal courts鈥� interpretation of the First Amendment to require the separation of church and state, claiming it has made the government hostile to religion instead of protecting it.

鈥淚 heard comments here today that this is going to harm kids 鈥� harm kids by being exposed to religion? That is absolutely the opposite of what is happening here today in our society,鈥� Olson said. 鈥淲e have become a secular society, and that is damaging our society. We need to have opportunities for people to look to a higher power, and what better way than what is described here in this bill?鈥�

Democratic Rep. Nancy Gutierrez, of Tucson, called SB1269 鈥渙utrageous鈥� and 鈥渋ncredibly inappropriate.鈥�

And Rep. Stephanie Simacek, of Phoenix, pointed out that the courts have repeatedly ruled against allowing religious leaders to be invited to share their faith with public school students. She described Rogers鈥� bill as indoctrination that gives preferential treatment to students who have religious beliefs over those who don鈥檛

鈥淣o one is saying that you may not go and celebrate your God, however you see fit,鈥� Simacek, a former teacher and school board member, said. 鈥淏ut this is not the place, in public education, where our students go to learn math, reading and writing and history.鈥�

Florida鈥檚 school chaplain law, which went into effect last July and is similar to Rogers鈥� proposal, has from First Amendment advocacy groups, as well as some church groups who said that allowing untrained chaplains to provide mental health support to students would have unintended negative consequences.

The option to bring chaplains into schools in Florida has not been particularly popular, with several large school districts deciding not to implement a program allowing them.

Proposed legislation similar to SB 1269 has been introduced in red states across the country this year, including in , , , and .

The bill will next be considered by the full House of Representatives. If it passes the chamber, it will return to the Senate for a final vote before heading to Gov. Katie Hobbs.

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Arizona Mirror maintains editorial independence. Contact Editor Jim Small for questions: info@azmirror.com.

While its effort to buy Bibles for classrooms is tied up in court, the Oklahoma Department of Education initiated a new vendor search to purchase materials containing Bible-infused character lessons for elementary-aged students.

The department is looking to buy supplemental instructional materials containing age-appropriate biblical content that demonstrates how biblical figures influenced the United States. Additionally, the materials must emphasize virtues, significant historical events, and key figures throughout Oklahoma history, according to bid documents published Friday.

The doesn鈥檛 specify how many copies the state wants to buy, only that the vendor must be willing to ship directly to districts.

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Like the Bibles the department sought in the fall, this request could be challenged under the state constitution, which prohibits public money from being spent for religious purposes.

鈥淭his RFP seems to be another constitutional violation,鈥� said Alex Luchenitser, an attorney for Americans United for Separation of Church and State and one of the attorneys representing Oklahomans in the Bible lawsuit.

鈥淚t seeks to inject the Bible into public school curricula, and only refers to the Bible and doesn鈥檛 refer to any other religious texts, so it鈥檚 clearly a move to push Christianity,鈥� he said.

The Education Department wants the character materials to align with Oklahoma鈥檚 new social studies standards, which have been revised to contain more than 40 references to the Bible and Christianity, compared to two in the current version. But the proposed standards haven鈥檛 been approved.

Superintendent of Public Instruction Ryan Walters is expected to present the standards to the Board of Education at its next meeting, scheduled for Thursday. It will be the first time the board meets since Gov. Kevin Stitt three members. If approved, the standards will move to the Legislature for consideration.

The standards review committee included several nationally prominent conservatives: Dennis Prager of PragerU, David Barton of the Christian Nationalist organization Wallbuilders, and the president of the Heritage Foundation, Kevin Roberts.

While standards guide what schools are to teach, school districts have sole authority to choose curriculum and books.

In November, the state abruptly a search to , an effort that attracted criticism for appearing to exclude all Bibles except an expensive version endorsed by President Donald Trump.

Walters vowed to reissue that request, but a coalition of parents, students, teachers and faith leaders asked the Oklahoma State Supreme Court to block the purchase and Walters鈥� mandate to teach the Bible.

The Office of Management and Enterprise Services, the state鈥檚 central purchasing agency, also wants to wait. It asked the court for an order allowing it to delay the new Bible request for proposals until the case is resolved. Two OMES employees are named in the lawsuit.

This first appeared on and is republished here under a Creative Commons license.

that would have required South Dakota public schools to display and teach the Ten Commandments failed to clear its final legislative hurdle Monday at the Capitol in Pierre as the state House to reject it.

State representatives engaged in a lengthy, impassioned debate. Opponents said the bill represented an unconstitutional government endorsement of religion, and warned of legal challenges.

Rep. David Kull, R-Brandon, referenced out-of-state support for the bill, including from Texas-based , which says it works to protect the nation鈥檚 鈥淏iblical foundation.鈥�

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鈥淢ake no mistake, this bill is an experiment, and we鈥檙e the lab rats, and the leading scientists from out of state are driving us,鈥� Kull said. 鈥淭he beauty for them is they aren鈥檛 at risk. Their money isn鈥檛 at risk 鈥� ours is.鈥�

A similar bill adopted by Louisiana is being in court.

The South Dakota bill originally mandated that all public school classrooms feature 8-by-14-inch posters of the Ten Commandments with a three-part, 225-word statement explaining their historical significance. The bill was amended during the Monday debate to require only one display for each school, but the House rejected the bill even with the amendment.

Additionally, schools would have been required to incorporate lessons on the commandments at least once during elementary, middle and high school as part of civics and history classes.

Supporters of the bill said the Ten Commandments played a fundamental role in shaping American law and culture.

Rep. John Hughes, R-Sioux Falls, was among the lawmakers who said the commandments are needed in schools. He said the Judeo-Christian worldview is under attack.

鈥淥ur system of public education instructs our children that no god is responsible for how we came to be, for what purpose we were created, and for what becomes of us when we breathe our last breath on this earth,鈥� he said.

Rep. Tim Goodwin, R-Rapid City, said he supported the bill even though the religious leaders and public school superintendents he talked to were against it.

Goodwin said he prayed about the bill and experienced a calmness that influenced his vote.

鈥淭he calmness had a voice saying to me, if one person comes to Christ because the Ten Commandments are posted, vote yes,鈥� he said.

Rep. Keri Weems, R-Sioux Falls, said a government mandate is not the right way to spread Christianity.

鈥淭his is brought about by relationships,鈥� she said, 鈥渘ot words on a wall.鈥�

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. South Dakota Searchlight maintains editorial independence. Contact Editor Seth Tupper for questions: info@southdakotasearchlight.com.

NEW ORLEANS 鈥� Three judges on the U.S. 5th Circuit Court of Appeals considered arguments Thursday over a state law that requires displays of the Ten Commandments in every Louisiana public school classroom.

A group of nine parents, each on behalf of their children, sued to block the law shortly after the Louisiana Legislature and Gov. Jeff Landry approved it last spring. A lower court ruled in November the requirement violates the First Amendment鈥檚 prohibition against establishing a state-approved religion.

Louisiana Attorney General Liz Murrill appealed that ruling, which the 5th Circuit decided only applied to the five school districts that are among the defendants in the case. For every other district, at the start of this month.

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The American Civil Liberties Union and Americans United for Separation of Church and State are also representing the plaintiffs in the case. The law firm Simpson, Thacher and Bartlett is providing its services to the parents at no cost.

In addition to the five school districts, Louisiana Education Superintendent Cade Brumley and members of the state Board of Elementary and Secondary Education are defendants.

Judge Catharina Haynes led the hearing conducted via Zoom because of the winter weather. She  questioned why the law was approved when Solicitor General Benjamin Agiu帽aga presented his arguments.

鈥淚鈥檓 respectful of the Ten Commandments, and I think everybody is,鈥� said Haynes, federal court appointee of former President George W. Bush. 鈥淏ut that doesn鈥檛 mean it has to be put in every classroom in a state under the First Amendment.鈥�

Agui帽aga said the law鈥檚 language notes the historical significance of the commandments in the foundation of the U.S. legal system merits their display in classrooms.

In addition to defending the law, Agui帽aga argued the plaintiffs filed their lawsuit too hastily because the displays had not yet been posted and no children had been harmed. The judges must rule first on whether the parents had the right to sue before considering the merits of their case.

Agui帽aga cited a 2007 ruling from the 5th Circuit in the case Staley v. Harris County, which involved a memorial display outside a Texas courthouse that included a Bible. Appellate judges first upheld a lower court ruling that deemed the monument unconstitutional, but the 5th Circuit later reversed its decision. The ruling declared that because the monument was being refurbished, it wasn鈥檛 clear yet what it would look like or whether it violated the First Amendment.

Jonathan Youngwood, an attorney for the plaintiffs, countered that legal theory in First Amendment cases does not require plaintiffs to be harmed before they seek relief.

He also stressed the religious intent of the law鈥檚 author, Rep. Dodie Horton, R-Haughton, who he quoted as saying: 鈥淚t is so important that our children learn what God says is right and what he says is wrong.鈥�

Youngwood also noted 鈥渞eligious references鈥� to God and the Sabbath day in the first four commandments, which he said violate the Establishment Clause of the First Amendment.

鈥淥f course the Ten Commandments are worthy of great respect and are profoundly meaningful to many, many people, and they have a place in our society,鈥� Youngwood said. 鈥淭hey don鈥檛 have a place in this form in public schools.鈥�

Judge Irma Carrillo Ramirez, an appointee of President Joe Biden, asked Agui帽aga if he could cite any prior court decisions that allowed displays of the Ten Commandments in a school setting. He could not but instead referenced a ruling that allowed students who are Jehovah鈥檚 Witnesses to abstain from the Pledge of Allegiance.

鈥淭he fact that they are allowed under the First Amendment to opt out of participating in the pledge doesn鈥檛 mean that they can also request that the flag be taken down or that the pledge not be said,鈥� Agui帽aga said.

Judge Haynes voiced some skepticism of Agui帽aga鈥檚 reference to the Staley case, noting that few people are compelled to go to a courthouse while children are required to go to school.

Judge James Dennis, who former President Bill Clinton appointed to the federal bench, also heard arguments Thursday.

Haynes said the appellate judges would do their best to render a decision in the near future.

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Louisiana Illuminator maintains editorial independence. Contact Editor Greg LaRose for questions: info@lailluminator.com.

Ohio Gov. Mike DeWine has signed a bill into law that will require school districts to create a mandatory religious instruction release time policy and require educators to out a students鈥� sexuality to their parents.

The law will take effect 90 days after DeWine signed the bill.

during the final day of the lame duck session in 2024 and LGBTQ advocates called on .

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State Reps. D.J. Swearingen, R-Huron, and Sara Carruthers, R-Hamilton, introduced . Supporters called the bill the 鈥淧arents鈥� Bill of Rights鈥� while opponents called it the 鈥淒on鈥檛 Say Gay鈥� bill, due to its similar language to Florida鈥檚 鈥楧on鈥檛 Say Gay鈥� law that passed in 2022.

The bill requires public schools to let parents know about sexuality content materials ahead of time so they can request alternative instructions.

It also prohibits any sexuality content from being taught to students in kindergarten through third grade. H.B. 8 defines sexuality content as 鈥渙ral or written instruction, presentation, image or description of sexual concepts or gender ideology.鈥�

This bill is one of a few during the most recent General Assembly.

This new law strengthens Ohio鈥檚 existing law around religious release time by creating a mandate. Currently, Ohio allows school district boards of education to make a policy to let students go to a course in religious instruction during the school day, but this now becomes a requirement for Ohio school boards.

鈥淧arents, not government bureaucrats, should be making healthcare and education decisions for their kids,鈥� Center for Christian Virtue President Aaron Baer said in a . 鈥淗.B. 8 protects children by safeguarding parents鈥� rights to make important decisions for their children.鈥�

The United States Supreme Court upheld religious released time laws during the 1952 case, which allowed a school district to have students leave school for part of the day to receive religious instruction.

Religious release time instruction must meet three criteria: the courses must take place off school property, be privately funded, and students must have parental permission.

a Hilliard-based religious instruction program, already enrolls students in about 160 Ohio school districts and celebrated the governor鈥檚 signing.

鈥淎ll Ohio families have the freedom to choose off-campus religious instruction during school hours for their students,鈥� LifeWise said in a statement.

Two central Ohio school districts, Westerville and Worthington, rescinded their religious release time policy last year. Both districts formerly allowed  off-campus for Bible classes during school hours.

鈥淲e are especially grateful that any local programs that had been put on hold will be able to resume their growing programs and that communities will now have the clarity they need to provide families with the opportunity to choose Bible-based character education for their child,鈥� LifeWise said in a statement.

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Ohio Capital Journal maintains editorial independence. Contact Editor David Dewitt for questions: info@ohiocapitaljournal.com.

OKLAHOMA CITY 鈥� A new office within the Oklahoma State Department of Education will promote expressions of religion and patriotism in public schools.

The head of the agency, state Superintendent Ryan Walters, announced Tuesday he established the Office of Religious Liberty and Patriotism. He said the new division will align with incoming President Donald Trump鈥檚 aim of protecting prayer in schools.

The office will investigate alleged abuses against religious freedom and patriotic displays, according to a news release from the Education Department.

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Walters cited a September 2023 incident in which a from a classroom at the urging of the Freedom From Religion Foundation, which contended it was unconstitutional for a public school to allow religious displays. At the time, Walters said the removal was 鈥渦nacceptable.鈥�

The that students and public school employees are permitted to pray on school grounds, but school employees cannot lead students in prayer or other religious activities while doing their jobs. The Court in public schools, finding it a violation of the U.S. Constitution鈥檚 prohibition of government-established religion.

Walters said public schools have been 鈥済round zero鈥� for erosion of religious liberty. While calling church-state separation a 鈥渕yth,鈥� he , sought to and advocated for opening a in the state.

鈥淚t is no coincidence that the dismantling of faith and family values in public schools directly correlates with declining academic outcomes in our public schools,鈥� Walters said in a statement Tuesday. 鈥淚n Oklahoma, we are reversing this negative trend and, working with the incoming Trump Administration, we are going to aggressively pursue education policies that will improve academic outcomes and give our children a better future.鈥�

A group of 32 parents, students, teachers and faith leaders from Oklahoma to block Walters鈥� Bible education mandate and to stop the use of state funds to buy Bibles. The plaintiffs are represented by multiple national legal groups, including the Freedom From Religion Foundation.

鈥淪uperintendent Ryan Walters cannot be allowed to employ the machinery of the state to indoctrinate Oklahoma鈥檚 students in his religion,鈥� foundation co-president Annie Laurie Gaylor said last month. 鈥淭hankfully, Oklahoma law protects families and taxpayers from his unconstitutional scheme to force public schools to adopt his preferred holy book.鈥�

Since the Nov. 5 election, Walters has been paving the way in the state Education Department for major policy changes from the next Trump administration, including the potential closure of the U.S. Department of Education. Trump has proposed eliminating the federal agency and sending education funds in block grants to states.

Among other policy goals, Trump has advocated for more patriotic education and giving parents a greater role in the public school system, including in the hiring and firing of principals.

Walters said Monday he is convening an advisory committee of Oklahoma education leaders and policymakers to implement the Trump education agenda.

The state superintendent similarly has supported pro-America education and patriotic displays. He invited right-wing policy advocates and conservative media personalities, most of whom live out of state, to help .

In August, Walters issued guidelines instructing all districts to develop a policy for displaying the U.S. flag. He did so while criticizing Edmond Public Schools, which had asked a high school student to remove an American flag from his truck.

The Edmond district did so because it had an existing policy prohibiting students from bringing flags of any kind to school. The district displays the American flag in front of every school and in each classroom, it said in a statement.

Walters quickly took aim at Edmond, saying 鈥渘o Oklahoma school should tell students they can鈥檛 wave the American flag.鈥�

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Oklahoma Voice maintains editorial independence. Contact Editor Janelle Stecklein for questions: info@oklahomavoice.com. Follow Oklahoma Voice on and .

A Louisiana law that will require schools to place displays of the Ten Commandments in every classroom is 鈥渃oercive鈥� and 鈥渦nconstitutional,鈥� according to the federal judge who issued an order Tuesday that stops the law from taking effect Jan. 1.

Nine families have sued the state, arguing the new law amounts to the state endorsing a religion and conflicts with the First Amendment.

Republican Attorney General Liz Murrill, who is defending the law that GOP Gov. Jeff Landry signed, maintains the Ten Commandments have historic standing as a foundational document for U.S. law.

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鈥淲e strongly disagree with the court鈥檚 decision and will immediately appeal,鈥� Murrill said in a statement sent through her spokesman.

In a social media later in the day, the attorney general noted the ruling applies only to the Board of Elementary and Secondary Education and the four parish school boards that are named defendants in the lawsuit.

鈥淪chool boards are independently elected, local political subdivisions in Louisiana,鈥� Murrill wrote. 鈥淥nly five school boards are defendants, therefore the judge only has jurisdiction over those five. This is far from over.鈥�

The new law requires 11-by-14-inch displays along with an accompanying 鈥渃ontext statement鈥� that explains the commandments鈥� role in education. It applies to any school that accepts state money, including colleges and universities. The schools are not compelled to spend money on the posters though they can accept donated materials.

U.S. District Judge John deGravelles, a federal court appointee of President Barack Obama to Louisiana鈥檚 Middle District Court in Baton Rouge, said in his that the plaintiffs would more than likely prevail in their case. He wrote that the law amounts to coercion because families must ensure their minor children attend school.

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The American Civil Liberties Union, which is among the organizations representing the plaintiffs, called the ruling 鈥渁 victory for religious freedom.鈥� The plaintiffs include non-Christian and nonreligious families.

鈥淭his ruling will ensure that Louisiana families 鈥� not politicians or public school officials 鈥� get to decide if, when and how their children engage with religion,鈥� said Rachel Laser, president and CEO of Americans United for Separation of Church and State, another group representing the plaintiffs. 鈥淚t should send a strong message to Christian Nationalists across the country that they cannot impose their beliefs on our nation鈥檚 public school children. Not on our watch.鈥�

Defendants in the case include Louisiana K-12 Superintendent Cade Brumley, members of the state Board of Elementary and Secondary Education and the school boards from East Baton Rouge, Livingston, St. Tammany and Vernon parishes.

The plaintiffs argue Louisiana鈥檚 law violates the long-standing precedent from Stone v. Graham, a 1980 ruling from the U.S. Supreme Court that overturned a similar statute in Kentucky.

Landry welcomed a legal challenge of the new law before he signed it, predicting the Supreme Court would uphold the measure. He and other conservatives have been buoyed by a 2022 ruling from justices in favor of a high school football coach in Washington state who was fired after praying at midfield after games and allowing students to join him. After the 6-3 decision in Bremerton v. Kennedy, the coach was rehired at the school.

鈥淚 cannot wait to be sued,鈥� the governor said at a June fundraiser for Republicans in Tennessee.

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Louisiana Illuminator maintains editorial independence. Contact Editor Greg LaRose for questions: info@lailluminator.com. Follow Louisiana Illuminator on and .

This article was updated on Friday, Nov. 1, 2024 at 4:40 p.m. with comments from the governor鈥檚 spokesperson.

Arkansas Gov. Sarah Huckabee Sanders former Little Rock Christian Academy administrator Gary Arnold to the State Board of Education on Friday.

鈥淲hat I love most about Gary is his passion for education, his belief that every student can learn and his relentless commitment and pursuit of his faith,鈥� Sanders said in a press conference announcing the appointment.

Arnold is an advocate for school choice and was a member of the 鈥渞ules and regulations task force鈥� the state used to implement the wide-ranging , Sanders said.

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鈥淭hrough Gary鈥檚 careful stewardship, the first school year with Arkansas LEARNS was a huge success, and the second year is shaping up to be even better,鈥� Sanders said.

LEARNS created the Education Freedom Account program, a taxpayer-funded school voucher system that will be available to all Arkansas students in the 2025-26 school year; are participating in the program this year.

Sanders said Arnold will represent the interests of EFA participants during his term on the board, which will expire in 2027. He succeeds Steve Sutton, who stepped down from the board in the middle of his seven-year term.

鈥淭he Governor wanted to find the right, experienced addition to the Board of Education who could help put every student on the pathway to success, and that鈥檚 exactly what Gary will do,鈥� Sanders鈥� communications director, Sam Dubke, said when asked why the governor took nearly 11 months to appoint Sutton鈥檚 successor.

Arnold is Sanders鈥� third appointee to the , after and last year. Former Republican state lawmaker Bragg co-authored the LEARNS Act, and Keener participated in a LEARNS work group focused on early childhood education, which is her area of expertise.

The LEARNS Act also raised the state鈥檚 minimum annual teacher salary to $50,000 and required literacy screenings for K-12 students.

Arnold praised these and other aspects of the LEARNS Act and said he was honored to accept the appointment and 鈥渢he responsibility of joining this team.鈥�

He likened working in education to author Mark Twain鈥檚 experience as a steamboat pilot on the Mississippi River in his memoir Life on the Mississippi, which Arnold said he recently reread.

鈥淭he most important function and job of the boat pilot is to learn the river, Old Man River, because it changes every day,鈥� Arnold said. 鈥淥ne day the currents will be this way, one day there will be a tree or shoal that wasn鈥檛 there before鈥� Life in the schools changes every day. We just have to learn the river and have that growth mindset.鈥�

Sanders said both Arnold and Education Secretary Jacob Oliva 鈥渢hink deeply and critically about how we can fix the areas of our school system that are broken.鈥�

Arnold was head of school at Little Rock Christian Academy from 2007 to 2023. He is now the Director of Head of School Certification at The Council on Educational Standards and Accountability and the founder of the consulting company NextEd. Both organizations serve Christian schools.

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Arkansas Advocate maintains editorial independence. Contact Editor Sonny Albarado for questions: info@arkansasadvocate.com. Follow Arkansas Advocate on and .

OKLAHOMA CITY 鈥� New guidance from Oklahoma City Public Schools regarding a state mandate to teach the Bible requires teachers to reference the text鈥檚 historical and literary aspects only in the 鈥渟pecific instances鈥� that state academic standards allow.

In issuing the guidance on Wednesday, Superintendent Jamie Polk also advised teachers to document detailed lesson plans and not to stray from district-approved curriculum materials.

The Bible must 鈥渘ot be used for preaching or indoctrination,鈥� and Oklahoma City schools, the state鈥檚 second largest district, must maintain 鈥渁bsolute neutrality and objectivity鈥� when referencing it, Polk said.

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鈥淥ur goal is to provide a balanced, objective approach that respects diverse beliefs by adhering to both state requirements and federal laws and regulations,鈥� she said in a memo to teachers, who returned to work this week.

Last month, state Superintendent Ryan Walters starting in the 2024-25 school year.

His mandate also includes a provision that all classrooms keep a copy of the Bible, the Ten Commandments, the Declaration of Independence and the U.S. Constitution.

Walters鈥� order aims to add extra guidelines to the state academic standards, which are a lengthy list of topics and concepts that Oklahoma public schools must teach.

The Bible is not mentioned in the existing standards for social studies, English language arts, fine arts or music 鈥� the subject areas Walters identified for Bible instruction. However, the social studies standards require schools to teach about major world religions and the role of religion in the establishment of some American colonial governments.

Walters鈥� guidelines seek a much deeper exploration of the Bible, including analysis of biblical passages, instruction on its influence in Western civilization and American history, and references to it in literature and fine arts.

鈥淭o ensure our students are equipped to understand and contextualize our nation, its culture, and its founding, every student in Oklahoma will be taught the Bible in its historical, cultural, and literary context,鈥� Walters said in a statement on the mandate.

The order quickly became controversial over concerns for church-state separation and local control of school curriculum. Leaders of multiple school districts have since said their districts won鈥檛 implement more instruction on the Bible outside of what state standards already require.

Polk said her guidance is meant to give legal cover to teachers in case one of them faces a complaint.

鈥淲e have to protect teachers, and when this came out, one of the first things we did was we rallied together as a team, and I had the curriculum department at the table and I had the legal department at the table,鈥� Polk said in an interview with Oklahoma Voice. 鈥淚 asked the legal team, 鈥業f one of our teachers got in trouble because of the Bible, what would you need to defend them?鈥欌��

Documenting lesson plans, including the way teachers present the information to students, will be 鈥渆ssential,鈥� she said.

The Center for Education Law, an Oklahoma City law firm that provides legal counsel to OKCPS, raised doubts over the viability of Walters鈥� Bible mandate. Any attempt by the state to direct how Oklahoma schools teach academic standards would infringe on local district authority and is 鈥渋nvalid under Oklahoma law,鈥� the law firm wrote in a letter to schools.

Polk鈥檚 statement to teachers on Wednesday also referenced another, similarly polarizing announcement from Walters asking schools to provide a cost analysis of educating undocumented students. Walters said his administration would release guidance on the matter in the coming weeks.

Families don鈥檛 have to provide information on their immigration status to enroll their children in public schools. The Oklahoma City district doesn鈥檛 ask for these details, and Polk said it doesn鈥檛 plan to start doing so.

The recent orders created a tricky start this summer to Polk鈥檚 tenure as Oklahoma City鈥檚 superintendent, but after 36 years in education, she said she knows 鈥渢here鈥檚 always something鈥� that will stir debate.

She said she still aims to maintain a working relationship with the state Education Department to ensure students 鈥渞eceive what they need in order for them to have a diploma in one hand and a plan in the other as they walk across the stage.鈥�

鈥淭he topics change, but there鈥檚 always conflict,鈥� Polk said while looking back on the national controversies that erupted over past decades. 鈥淏ut as Americans, how do we navigate problems?

鈥淗ow do we come to the table then and let me hear your voice so I can accept your viewpoint, but you too then get to hear my voice?鈥�

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Oklahoma Voice maintains editorial independence. Contact Editor Janelle Stecklein for questions: info@oklahomavoice.com. Follow Oklahoma Voice on and .

Two Republican lawmakers are trying to strengthen an existing Ohio law by requiring 鈥� instead of just allowing 鈥� school districts to create a policy letting students to be excused from school to go to released time religious instruction.

State Reps. Al Cutrona, R-Canfield, and Gary Click, R-Vickery, recently introduced and it has had one hearing so far in the House Primary and Secondary Education Committee.

鈥淭he correlation between religious instruction, schools, and good government are embedded in our constitution,鈥� Click said in his written testimony. 鈥淵ou will notice that HB 445 does not establish which religion but merely acknowledges the opportunity for religious instruction. This opportunity is open to all faiths.鈥�

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May vs. shall

Ohio law currently permits school district boards of education to make a policy to let students go to a released time course in religious instruction.

HB 445 would require school districts to create a policy and changing the wording of the existing law in the Ohio Revised Code from 鈥渕ay鈥� to 鈥渟hall.鈥�

鈥淲hile many schools have taken advantage of the permissive language of the law, some school boards have been less accommodating,鈥� Click said. 鈥淩egardless of their intentions, their failure to implement a sound policy in this matter results in a denial of both the students鈥� and parents鈥� constitutional right to the free exercise of religion.鈥�

Cutrona agreed with his co-sponsor.

鈥淲ords have meanings and they really do matter,鈥� he said. 鈥淪o the difference between a little word like may versus shall can make all the difference in the world.鈥�

Released time religious instruction must meet three criteria which would remain the same under the bill: the courses must take place off school property, be privately funded, and students must have parental permission.

The United States Supreme Court upheld released time laws during the 1952 case which allowed a school district to have students leave school for part of the day to receive religious instruction.

State Rep. Sarah Fowler Arthur, R-Ashtabula, questioned why this bill is needed if the law is already in place.

鈥淢y experience has been that if the federal law requires it, school districts are usually very hesitant to violate federal law or federal practice,鈥� she said during a recent committee hearing. 鈥淚鈥檝e just wondered why you want to see that change also in the state law if it鈥檚 already required in practice.鈥�

Click said he knows nearly a dozen school districts that have denied religious instruction programs like LifeWise Academy, an Ohio-based religious instruction program that teaches the Bible.

鈥淚 believe that when we clarify this language, it will make a more broad statement that this is not only constitutional and legal, but it is something that needs to be done in the state of Ohio to accommodate parents and their children,鈥� Click said.

LifeWise Academy

Click mentioned LifeWise Academy in his testimony.

鈥�(LifeWise founder) Joel Penton began to organize and create an efficient model that provided training for instructors, character-based bible curriculum, and a platform that is reliable and reputable for participating schools,鈥� Click said. 鈥溾�hile this opportunity is not limited to LifeWise, they have formulated the model program for release time for religious instruction.鈥�

, launched in two Ohio school districts in 2019 and today enrolls nearly 30,000 students across more than 12 states. The program will be in more than 170 Ohio school districts by next school year 鈥� more than a quarter of the state鈥檚 school districts.

LifeWise, which is non-denominational, supports the bill.

鈥淚t gives parents the freedom to choose character-based religious instruction for their children during the school day, in accordance with Supreme Court rulings,鈥� Penton, the founder of LifeWise, said in a statement.

However, there has been pushback to LifeWise.

Freedom From Religion Foundation Legal Fellow Sammi Lawrence wrote a letter to from taking place in their district.

鈥淧er its own words, LifeWise鈥檚 goal is clear: they seek to indoctrinate and convert public school students to evangelical Christianity by convincing public school districts to partner with them in bringing LifeWise released time bible classes to public school communities,鈥�  said.

have also sprung up before the program comes to a school district.

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Ohio Capital Journal maintains editorial independence. Contact Editor David Dewitt for questions: info@ohiocapitaljournal.com. Follow Ohio Capital Journal on and .

The court鈥檚 conservative majority handed down in favor of the plaintiffs, a group of parents who argued that their preferred schools were unconstitutionally excluded from Maine鈥檚 state tuition initiative. The case, Carson v. Makin, focused on the question of whether such programs 鈥� which pay for children to attend private schools in cases where their own rural communities don鈥檛 have public high schools 鈥� can mandate that only 鈥渘onsectarian schools鈥� be included.

Attorneys debated the ruling鈥檚 scope, with some asserting that it could pave the way for publicly funded charter schools with openly religious orientations.

Writing for the majority, Chief Justice John Roberts argued that explicitly prohibiting families from using public dollars to pay for tuition at religious schools amounted to a violation of the First Amendment鈥檚 free exercise clause, which upholds the liberty of citizens to practice their religion as they see fit.

鈥淭he State pays tuition for certain students at private schools 鈥� so long as the schools are not religious. That is discrimination against religion,鈥� Roberts wrote. 鈥淎 State鈥檚 antiestablishment interest does not justify enactments that exclude some members of the community from an otherwise generally available public benefit because of their religious exercise.鈥�

In this, Roberts echoed his own 2020 ruling in Espinoza v. Montana Department of Revenue. That case similarly concerned a state tax-credit scholarship that sought to prevent recipients from choosing parochial schools. Many legal scholars believed the 5-4 decision called into serious question the applicability of 鈥渘o-aid provisions鈥� in state constitutions (sometimes referred to as Blaine amendments), which forbid state funds from supporting churches or other religious institutions.

The plaintiffs in Carson, who wished to send their children to Christian schools in Bangor and Waterville, were represented by lawyers from the Institute for Justice, a prominent libertarian law firm. Lead attorney Michael Bindas said that the ruling was somewhat limited because in most states, voucher or other private school choice programs already permit the participation of religious schools.

But it could still impact the future adoption of such programs in state legislatures, Bindas argued. Often, detractors argue that the provision of public funds to religious institutions is simply unconstitutional. Carson 鈥渢akes that argument off the table completely,鈥� he said.

鈥淚t makes absolutely clear that a state can have a school choice program, and if it does, it has to remain neutral between religion and non-religion. It cannot exclude a parent’s choice of school simply because it is religious or teaches religion. Therefore this argument that religion must be excluded 鈥� or that a program is somehow impermissible because it includes religion 鈥� is just a non-issue now.

John Taylor, a law professor at the West Virginia University College of Law, said the decision further weakened the existing precedent set in the 2004 Locke v. Davey case, in which a majority argued that the state of Washington could prevent beneficiaries of a publicly funded college scholarship from studying to become pastors. Given both Espinoza and Tuesday鈥檚 decision, Taylor said, the scope of that litigation is now considerably narrowed.

鈥淎fter today鈥檚 opinion, Locke is just a case saying states may refuse to fund the training of ministers,鈥� he wrote in an email. 鈥淎side from the narrow factual context of Locke, the law now leaves no room for states that wish to require a greater degree of separation between church and state than the Federal Constitution requires.鈥�

But a further controversy will outlast the debate over voucher and tax-credit programs. Liberal Justice Stephen Breyer, in a dissent, posed a question that also hung over earlier decisions: If states can no longer discriminate against private religious academies when disbursing aid, could public schools 鈥� most notably charter schools 鈥� also decide to adopt religious missions?

鈥淲hat happens once 鈥榤ay鈥� becomes 鈥榤ust鈥�?鈥� Breyer asked. 鈥淒oes that transformation mean that a school district that pays for public schools must pay equivalent funds to parents who wish to send their children to religious schools? Does it mean that school districts that give vouchers for use at charter schools must pay equivalent funds to parents who wish to give their children a religious education?鈥�

Bindas called that possibility an 鈥渦nwarranted concern.鈥�

鈥淧ublic schools, including charter schools, are public; the government not only can, but must ensure that public schools are non-religious,鈥� he observed. 鈥淭he issue arises when the government has a program that includes private options, and it’s at that point that government cannot single out and exclude religious private options.鈥�

But Derek Black, a professor at the University of South Carolina Law School and frequent critic of education reform, wrote in an email that states might have to dismantle their entire apparatus of school choice programs in order to prevent them from being exploited by religious operators.

鈥淭his case throws fuel on the fire of those arguing that states must allow churches to operate public charter schools and teach religion as truth inside of them,鈥� Black argued. 鈥淚f that comes to fruition, states will have lost all control over the education they try to ensure for children, even in charter schools that call themselves public. That possibility is so radical 鈥� and radically at odds with public interests 鈥� that the only responsible choice for states is to entirely shut down their charter and voucher school programs, lest the state be forced to fund education that does not align with state values and curriculum.鈥�