Three Observations on the Catholic Charter School Case

Frederick Mark Gedicks is emeritus professor of law at the J. Reuben Clark Law School, Brigham Young University.

The U.S. Supreme Court recently affirmed, by a four-to-four vote, a decision by the Oklahoma Supreme Court that the state could not fund a Catholic virtual charter school because this would violate anti-establishment provisions of the Oklahoma Constitution and the Establishment Clause of the First Amendment. Drummond ex rel. State v. Oklahoma Statewide Virtual Charter School Board, 2024 OK 53, 558 P.3d 1 (6–2 dec.), aff’d by equally divided ct., Nos. 24-394 & -396 (U.S. May 22, 2025) (per curiam), 2025 WL 1459364. (Paragraph numbers below correspond to the official report of the Oklahoma Supreme Court.)

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Conscientious Objection to the Military Service: A Right in Progress

The right to conscientiously object to the military service is well established in international law and “can be derived from the right to freedom of thought, conscience and religion or belief.” However, in many countries across the globe, believers of different religions and belief systems continue to face challenges in gaining access to alternative service and, more broadly, practicing their belief not to bear arms and participate in military service.

Photo by Amnesty International

This blog series provides case studies that illustrate such challenges in various contexts. Mine Yildirim discusses the heavy long-term legal and social consequences that non-recognition of objectors’ rights produces in Turkey. Ihntaek Hwang explains why the South Korean approach to alternative service remains punitive and aims to sanction those refusing to be conscripted. Nikolay Honhannisyan demonstrates on the selectiveness of the Armenian government in providing the right to object to believers of different religions. Moshe Jaffe shows how the Israel/Gaza war has changedthe debates over and the legal framework of the exemption for yeshiva students from ultra-Orthodox Jewish communities. Finally, Paola Goulart de Souza Spikes elaborates on why the Brazilian constitution does not allow exemptions from military service during war time.

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Religious Right to Abortion: A Recent U.S. Appeals Court Decision

Frederick Mark Gedicks is Guy Anderson Chair and Professor of Law at the J. Reuben Clark Law School, Brigham Young University.

An appeals court in the U.S. state of Indiana recently found a religious right to abortion under the state’s religious freedom statute (Individual Members of the Med. Licensing Bd. v. Anonymous Plaintiff 1 (Indiana Ct. App. Apr. 4, 2024)). However startling its holding, the court’s analysis is doctrinally orthodox, closely following U.S. Supreme Court precedent applying the First Amendment’s Free Exercise Clause and the 1993 federal Religious Freedom Restoration Act to claims for religious exemptions.

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