Court Says Tennessee Cannot Bar Religious Charter Schools
A federal judge ruled that a state ban on religious charter schools is unconstitutional, though the ruling does not force approval of one school's application.
Updated on Nov. 9, 2026 in Christianity
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A federal judge ruled that Tennessee cannot require charter schools to be nonreligious to participate in the state charter program. The decision followed a lawsuit by Wilberforce Academy, a Christian nonprofit that had proposed a K-8 charter school in Cedar Bluff.
Why it matters
State law previously allowed only nonsectarian and nonreligious schools to join the charter program, which blocked Wilberforce Academy from opening. The ruling holds that a state cannot deny public benefits to a participant solely because of its intended religious use.
The judge denied Wilberforce Academy's request for damages from the Knox County Board of Education. The ruling leaves open whether the board will approve the school's application on non-religious grounds.
The players
Wilberforce Academy
A Christian nonprofit that proposed opening a K-8 charter school in Cedar Bluff and brought the lawsuit challenging Tennessee's charter restrictions.
Knox County Board of Education
The local school board that was sued and is enjoined from enforcing the nonsectarian requirement against Wilberforce Academy.
Jonathan Skrmetti
Tennessee's Attorney General, who argued that the state's ban on religious charter schools likely violates the Free Exercise Clause of the First Amendment.
The details
Wilberforce Academy filed suit against the Knox County Board of Education alleging religious discrimination after its charter application was blocked under Tennessee law. The judge ruled that the nonsectarian requirement is unconstitutional and enjoined the board from enforcing it against the academy.
Timeline
December 2025: Tennessee Attorney General Jonathan Skrmetti argued the ban on religious charter schools likely violated the Free Exercise Clause.
November 6: A judge ruled on Wilberforce Academy's lawsuit against the Knox County Board of Education.
Legal Context
The decision applies the Free Exercise Clause of the First Amendment to Tennessee's charter program, which limits participation to nonsectarian schools. It follows the state attorney general's December 2025 position that such a ban likely violates that clause.
Families in Tennessee may see new faith-based charter school options if other applicants pursue similar approvals after this ruling. The ruling changes eligibility rules only for religious operators seeking charter status under state law.
The takeaway
Charter school eligibility in Tennessee now depends on whether a school meets other approval criteria, since religious affiliation alone can no longer bar participation. Readers following school choice policy should watch how local boards handle similar applications.
Further reading
For more on faith-based education debates, see Christianity coverage.
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