Case Details
Case Status
Pending Case
Location
Tennessee
Date Filed
November 30, 2025
In May 2025, the U.S. Supreme Court split 4–4 on an important question: can a religious organization apply for and run a public charter school without violating the Constitution? Because the Court did not decide the issue, an Oklahoma Supreme Court ruling that struck down a Catholic charter school was left in place. That leaves religious groups across the country unsure whether they can apply to open charter schools.
Tennessee, for example, lets private organizations run charter schools and gives them “maximum flexibility” to find new ways to help students succeed. But all “religious” and “sectarian” schools are banned from the program. The First Amendment forbids this kind of open discrimination against religion.
On December 1, 2025, Defending Education (DE) announced its support for the Wilberforce Academy of Knoxville, Tennessee, which has sued the Knox County Board of Education to require it to accept applications for religious charter schools.
The Supreme Court has made clear that when the government offers a public benefit, it must offer it equally and cannot turn away applicants just because they are religious. Tennessee did not have to create a charter school program. But because it did, it cannot exclude groups only because they are religious. DE is proud to support Wilberforce Academy’s efforts to expand equal educational opportunities in Tennessee and beyond.
Read the complaint below:
