Category: Update
Oklahoma Governor Kevin Stitt signs executive order banning religious discrimination in state programs.
Oklahoma Governor Kevin Stitt signs executive order banning religious discrimination in state programs.
Oklahoma Governor issues executive order directing agencies to root out laws and regulations that discriminate based on religion.
Why It Matters:
- In April 2025, Gov. Stitt is the first to issue an executive order ordering all state agencies to identify existing laws and regulations that discriminate against religious institutions or individuals.
- This comes in the wake of several supreme court rulings (Trinity Lutheran v. Comer, Espinoza v. Montana Department of Revenue, and Carson v. Makin) making it clear that this type of discrimination violates the First Amendment.
- This executive order mandates a full review and revision of any state law or regulation that excludes religious entities, including outdated provisions in public education, arts funding, and historical preservation programs.
- This move could be the first of many similar executive orders as other states and governors acknowledge that discrimination based on religion is unjust and unlawful.
Short Q&A on the religious charter school case with education scholar Frederick Hess.
Short Q&A on the religious charter school case with education scholar Frederick Hess.
Federal judge blocks Colorado from withholding funding from Christian preschools with discriminatory rules
Why it matters:
- A US District judge granted summary judgment preventing Colorado from withholding universal preschool funding from a Christian preschool based on its religious beliefs relating to gender and sexual orientation that violate the state’s anti-discrimination requirement.
- This is decisive step to removing discriminatory barriers for sectarian entities to participate in government programs.
- Colorado’s UPK program permits exceptions at the discretion of the government, but the government refuses to allow exceptions accommodating schools’ sincere religious beliefs, and thus, is discriminatory and not neutral as a matter of law.
- The federal judge ruled that the state should have granted the school a religious exemption, enjoining the state from withholding funding based on its non-discrimination clause.
The Persistence of Religious Discrimination in Publicly Funded pre-K Programs
Nicole Stelle Garnett and Tim Rosenberger published a new report on unconstitutional restrictions on faith-based preschools. The Persistence of Religious Discrimination in Publicly Funded pre-K Programs, January 21, 2025.
Supreme Court of the United States grants certiorari
Supreme Court of the United States grants certiorari to decide if the First Amendment’s Free Exercise Clause prohibits Oklahoma from prohibiting religious charter schools, January 24, 2024.
US Supreme Court to hear landmark case on religious charter schools.
Why It Matters:
- In January 2025, the Supreme Court indicated it would take up the cases Oklahoma Statewide Charter School Board v. Drummondand St. Isidore of Seville Catholic Virtual School v. Drummond.
- At issue in both cases is whether states can allow religious institutions to operate publicly funded charter schools.
- The state supreme court had already ruled against religious charter schools, and opponents to religious charter schools had hoped the U.S. Supreme Court would not review the case.
- A ruling in support of religious charter schools could drastically reshape the education funding landscape in the United States.
- Oral arguments at the U.S. Supreme Court are scheduled for April 30, 2025; a ruling would be expected several months later.
Ninth Circuit Court of Appeals rules
Ninth Circuit Court of Appeals rules that California law excluding religious schools from government-funded special needs program is unconstitutional.
New Jersey federal district court rules
New Jersey federal district court rules that New Jersey policy to exclude churches from historic preservation grant program is unconstitutional.