Supreme Court Case Could Allow Public Funds for Yeshivas

Two weeks ago, the Supreme Court heard a landmark case about the first religious charter school in the U.S., potentially paving the way for public funding for New York yeshivas, a “concern” raised by one of the Justices. Forty-two years earlier, the Rebbe had already spoken out against the inequity facing religious schools.

By Anash.org writer

Two weeks ago, a landmark Supreme Court case was heard that could have sweeping implications for Jewish education across the country, as the justices consider whether religious charter schools should be eligible for public funding.

At the center of the case is a Catholic Virtual School in Oklahoma, which aims to become the first religious charter school in the United States. If approved, it would be publicly funded like other charter schools – a shift that could open the path for publicly funded yeshivas and other Jewish schools under the same model.

This was clearly highlighted when one of the justices, Supreme Court Justice Elena Kagan, who ironically is Jewish herself, raised pointed concerns about the potential downstream effects of such a ruling, particularly in relation to yeshivas in New York. She questioned whether a decision in favor of religious charter schools could lead to the funding of schools with curricula that deviate from standard state requirements.

“Let’s say we’re up in New York, and there’s a Hasidic community that has a yeshiva, and it’s a very serious yeshiva, and what that means is that almost all the instruction has to do with studying Talmud and other religious texts,” Kagan said. “Very little of it has to do with secular subjects. Almost none of the instruction is in English. Almost all of it is in Yiddish or in various, like, ancient Hebrew-Aramaic kinds of languages.”

She continued: “Does New York have to say ‘yes’ even though that curriculum is super different from the curriculum that we provide in our regular public schools?”

Justice Kagan voiced concern that states could soon be forced to fund religious schools even when they deviate sharply from the state’s educational standards.

The case is being closely watched by Orthodox Jewish organizations, which have long advocated for greater support for religious education. Orthodox advocacy groups, along with others, have submitted briefs in support of the Catholic school. For years, these organizations have also pushed for school choice initiatives such as tuition vouchers and tax credits, aiming to ease the financial burden on frum families committed to Torah education.

A favorable ruling could pave the way for significant changes in how Jewish schools, including those in frum communities, access public resources.

The case has broader implications for the 47 states that permit charter schools. Many of those states, like New York, have strict guidelines about what publicly funded schools must teach, especially when it comes to secular subjects. New York, in particular, has recently cracked down on certain yeshivas that do not meet these requirements, some of which have been temporarily shut down.

Despite the pushback from Kagan and the other liberal justices, the Court’s conservative majority -currently six to three – appeared sympathetic to the argument that excluding religious schools from charter funding is discriminatory.

Many in the frum community see this moment as a critical opportunity. With skyrocketing tuition costs and increasing government scrutiny, public support could allow mosdos to operate more sustainably without compromising their values.

This conversation is not new, and the Rebbe addressed it.

In a sicha during a Pesach rally in 5743 (1983), the Rebbe spoke about the inequities faced by religious schools:

“Regarding the religious schools, the law currently prohibits the government from giving financial support, even in areas unrelated to religion. Therefore, the yeshivos must spend money on transportation, lunches, etc., instead of using that same money for education itself.

“The schools should therefore raise a tumult: all other schools receive governmental assistance for such things as transportation, etc., whereas the schools that teach religion are punished and denied such assistance!”

The Rebbe went further, suggesting that children themselves send petitions to the President of the United States and members of Congress to urge them to pass the necessary laws. These letters, the Rebbe said, should be written in English with the innocent tone of a child, because in the end, “children will achieve more concrete results than politicians.” The Rebbe continued speaking on the topic several times, advocating strongly for equal government funding for private schools.

The Court is expected to issue a ruling before the end of its term this summer.