The Supreme Court heard arguments in a landmark case out of Oklahoma after the state's Supreme Court blocked a Catholic Church from a charter school contract.
The court cited concerns that the catholic organization violated state and federal bans on government-sponsored sectarian education, as ABC News reported.
The nation's Supreme Court's conservative majority, however, seemed ready to make way for the first-ever religious charter school in the United States, directly funded by taxpayers.
A decision that overturns the state high court would have far-reaching consequences across the country, particularly in the 45 states where over 3.8 million students attend 8,000 charter schools.
According to the Republican attorney general of the state, charter schools serve as an extension of the state government that is bound by the principles of separation of church and state because they are public institutions that are accessible to everyone and closely monitored.
The justices weighed the First Amendment's ban on state establishment of religion and protection of free exercise of religious faith for over two hours.
The three liberal justices on the court agreed that, as fundamentally public institutions, charter schools cannot use public funds to promote specific ideology.
"The essence of the Establishment Clause was, we're not going to pay religious leaders to teach their religion," said Justice Sonia Sotomayor.
According to Justice Elena Kagan, the Oklahoma statute that establishes charter schools makes it clear that the schools cannot have any religious affiliation.
"These are state-run institutions," Kagan said. "With respect to a whole variety of things, the state is running these schools and insisting upon certain requirements."
Conservatives insisted they saw charter schools differently, as independent contractors providing a public good rather than an official government agency.
"The argument that St. Isidore and the board has made is that it's a private entity that is participating in a state program," noted Justice Clarence Thomas. "It was not created by the state program."
A ruling by the nation's high court against St. Isidore on First Amendment grounds could have an impact on other government contracts with religiously linked organizations, according to Justice Brett Kavanaugh.
"I think a concern here is that religiously operated senior homes or food banks or foster care agencies or adoption agencies or homeless shelters, many of which get substantial funding from the government, would potentially … become state actors and, thus, not be able to exercise their religion," Kavanaugh said.
Last year, Justice Amy Coney Barrett recused herself from the case without explaining why, but veteran court watchers have noted her close ties to Notre Dame and the previous relationships she has cultivated with some of the law professors participating in the case.
If the court were to become stuck at 4-4 due to her absence, the decision of the Oklahoma state Supreme Court would remain in effect. It is generally believed that Roberts will cast the deciding vote.
"Today's oral arguments made clear that states must not treat religious individuals and institutions as second-class citizens," said Carrie Severino, a former clerk to Justice Clarence Thomas and president of JCN, a conservative legal advocacy group.
"I expect the court will follow precedent and allow St. Isidore to offer educational choice for Oklahoma's students."
Those opposed to religious charter schools expressed concern that a major court decision right now could have a long-lasting impact.
"If today's arguments are any indication, the Supreme Court may be on the verge of abandoning one of the bedrock principles of our democracy," said Rev. Dr. Shannon Fleck, executive director of Faithful America, a left-leaning Christian advocacy group.
"Let's be clear, this was always a test case, and today, the constitutional protections that have guarded true religious freedom for generations are at risk."
