Report: Legal Future of Religious Charter Schools

On June 30, 2020, the U.S. Supreme Court held, in Espinoza v. Montana, that the First Amendment's Free Exercise Clause precludes states from excluding religious schools from private school choice programs. Writing for the majority, Chief Justice John Roberts concluded: "A State need not subsidize private education. But once a State decides to do so, it cannot disqualify some private schools solely because they are religious." But, as Justice Stephen Breyer asked in his dissenting opinion, "What about charter schools?" Can states prohibit religious charter schools? All states with charter schools currently do so. Are these restrictions constitutionally required, as is commonly assumed? Or, on the contrary, are they unconstitutional after Espinoza?