Last term, the U.S. Supreme Court deadlocked on a question of national importance: may a religious organization apply for and operate a public charter school without running afoul of the Constitution? The Court’s failure to resolve this issue left in place an Oklahoma state supreme court ruling striking down a Catholic charter school as a violation of state and federal law. Without the resolution of that question, other religious organizations across the country seeking to provide educational opportunities for children in their states lack clarity on whether or not they may move forward with charter school applications.

Tennessee, for example, lets private organizations operate charter schools and gives those schools “maximum flexibility” to develop unique approaches to improving student outcomes. However, religious organizations need not apply, as all “religious” and “sectarian” schools are categorically ineligible for the charter program. But the First Amendment forbids this kind of open and explicit discrimination against religion. For that reason, on December 1, 2025, Defending Education announced its support of a religious organization seeking to operate a charter school in the state. In the suit, the Wilberforce Academy of Knoxville, Tennessee has sued the Knox County Board of Education in an effort to require them to allow applications for operation of religious charter schools.

The Supreme Court has repeatedly clarified that if the government offers a public benefit, it must do so equally, and without discriminating against organizations who apply simply because they are religious. Tennessee did not need to establish a charter-school program. But because it did, it cannot now exclude some participants solely because they are religious. 

Defending Education is excited to support the litigation of the Wilberforce Academy and its efforts to enhance equal educational opportunities in Tennessee and beyond.