Religion and Public Schools: Lawsuits over Christian Foundations in Education
March 31, 2026
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Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Joseph Clement explain another lawsuit against the 10 Commandments in public schools, whether religious organizations can hire according to their faith, and a Jewish charter school in Oklahoma.
In this episode, we discuss:
1:27 A district judge recently ruled against Arkansas' law that required the posting of the 10 Commandments in every public school classroom. The ruling rejects the logic of the Fifth Circuit's decision in a similar case. We explain how the Free Exercise and Establishment Clause work in this case and how the district judge's opinion ignores the history of religion in public schools
13:29 The Moody Bible Institute of Chicago is a Christian college that provides students with a degree in education. As a graduation requirement, students must gain experience teaching in both public and private schools. However, Chicago Public Schools denied those students access into its student-teacher program because Moody hires only other Christians. Recently the parties settled in a manor favorable to Moody.
23:26 A Jewish charter school is filing a lawsuit over its denial of charter school status in Oklahoma. The case is poised as a re-do of St. Isidore of Seville v. Drummond. The case may reach the Supreme Court, who could rule on whether religious charter schools violate the Establishment Clause.
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