The U.S. Supreme Court appears ready to supercharge religious rights in three upcoming decisions that could unravel decades of precedent keeping church and state at a respectable distance — and queer students and educators may find themselves squarely in the crosshairs.
At the heart of the legal trifecta is a controversial attempt to make St. Isidore of Seville the first taxpayer-funded religious charter school in the country. Backed by Catholic dioceses in Oklahoma, the school openly plans to proselytize — and yes, teach students that LGBTQ people are, shall we say, “not aligned with the natural order.” Opponents warn that the conservative-majority court might turn the First Amendment into a weapon, not a shield, allowing state-funded religion to creep into public institutions under the banner of “free exercise.”
But that’s just one piece of the holy pie. In Maryland, Christian and Muslim parents are suing for the right to pull their children out of public school classes that include storybooks with LGBTQ characters. And in Wisconsin, a Catholic charity is asking for a tax exemption, claiming it’s being punished for its religious identity — even though it runs secular charitable services.
From Church-State Divorce to Open Relationship
What’s happening here is more than legal minutiae — it’s a cultural power grab. If the court greenlights a religious charter school, the precedent would turn public education into an à la carte menu where religious doctrine can replace inclusive curriculum. LGBTQ students would face an uphill battle to receive affirming education in environments that might now legally exclude, shame, or erase them.
As legal scholar Steve Schwinn puts it, the Supreme Court is “dramatically expanding” the free exercise clause while “sharply limiting” the establishment clause — the one meant to keep state and religion in separate lanes. The outcome? Religion is being handed the keys to the public square, and queer people are being shown the exit.
And the consequences extend far beyond just one state. If the court rules that charter schools are technically “private” entities, they could be free to discriminate based on religious beliefs — with your tax dollars footing the bill. That means teachers could be fired for being gay, and students could be refused admission for having two moms or questioning their gender identity.
In the opt-out case, the fear is that religious parents will be empowered to cherry-pick what their kids are exposed to — not just about LGBTQ people, but about racial equality, feminism, and any worldview that doesn’t match their theological comfort zone. It’s censorship cloaked in religious freedom.
Rights for Some, Discrimination for Others
Let’s be clear: religious freedom is essential. But when “religious freedom” becomes the right to exclude, shame, or deny others — especially LGBTQ people — it’s not freedom at all. It’s institutionalized bigotry given a government stamp of approval.
Justice Ketanji Brown Jackson grilled government lawyers on whether funneling public funds to a religious school bent on proselytizing was really constitutional. Her questions reflect what many queer Americans are asking: why does “religious liberty” always seem to come at our expense?
The Supreme Court’s upcoming decisions could signal a dangerous turn. If it continues on this path, the line between public governance and religious agenda will dissolve — and LGBTQ Americans, especially queer youth, will be the ones paying the price.
Let’s hope the justices remember that the First Amendment protects religious freedom — not religious dominance.