Federal Judge Strikes Tennessee Religious Charter School Ban

A federal judge ruled that Tennessee’s requirement that charter schools be nonreligious violates the First Amendment, siding with Wilberforce Academy of Knoxville, which seeks to open a Christian K–8 charter school. The decision bars the Knox County Board of Education from rejecting the school solely because of its religious character, but does not require the board to approve its application, which may still be assessed on other grounds. The ruling could allow religious organizations of any faith to seek places in Tennessee’s publicly funded charter-school program. Judge Charles Atchley said the state may choose how to structure its education system, but cannot exclude otherwise eligible participants because they intend to exercise their religion. Opponents have raised concerns about taxpayer support for religious education and the separation of church and state; the judge also declined to award the school nominal damages.