Supreme Court weighs religious liberty at charter schools

WASHINGTON (NEXSTAR) - The Supreme Court Wednesday is considering whether it's constitutional for a state to deny a religious charter school public funds because it's religious. 

Attorneys on both sides of the issue spoke outside the Supreme Court after oral arguments Wednesday. 

"It's about forcing taxpayers to fund religious indoctrination," Americans United for Separation of Church and State President Rachel Laser said. 

"The state can't create a program, and then invite everyone except people of faith," Alliance Defending Freedom Chief Legal Counsel Jim Campbell said. 

The case centers on a virtual Catholic school in Oklahoma. The state's charter school board voted to give it a charter. 

Oklahoma Attorney General Gentner Drummond challenged that. He says it violates the separation of church and state. 

"The schools are created by the state, funded by the state. In every essence, every indicia of a governmental actor," Oklahoma Attorney General Drummond said. 

Lawyers for the state's charter school board say its exclusion violates the First Amendment right to religious freedom, and charter schools are not public schools. 

"The free exercise clause protects the right of religious organizations to be treated equally," Alliance Defending Freedom Chief Legal Counsel Jim Campbell said. 

If justices side with the school, it could become the nation's first publicly funded religious charter school. 

Conservative justices seemed to side with the school. 

"They're not asking for special treatment, not asking for favoritism. They're just saying, 'Don't treat us worse because we're religious,'" Justice Brett Kavanaugh said. 

The liberal justices appeared to side with the state. 

"Charter schools are in every respect equivalent to regular public schools," Justice Elena Kagan said. 

Justice Amy Coney Barrett recused herself in the case, leaving eight justices to decide, and the potential for a tie. 

A decision is expected later this summer.