Notre Dame, IN — Religious social service organizations in many states—from adoption agencies to food pantries—may be faced with the choice of secularizing or giving up their funding and closing as a result of a recent decision regarding privately operated charter schools in North Carolina. The Notre Dame Religious Liberty Clinic filed an amicus brief in the U.S. Supreme Court on Friday, requesting that certiorari be granted in Peltier v. Charter Day School. In Peltier , the Fourth Circuit held that a publicly funded charter school in Leland, North Carolina, is a “state actor” for purposes of federal law even though it was operated by private individuals. Religious Liberty Clinic Supervising Attorney John Meiser explained the significance of the court’s ruling: "State-action doctrine isn’t something many people would think about or maybe have even heard of. But it’s quite important in constitutional law and, as this case shows, for the freedom of private organizations. The Constitution regulates only the actions of the government—or so-called ‘state actors’—not private groups. Private citizens enjoy certain freedoms that government agencies do not." "This distinction is particularly important for religious groups,” Meiser continued. “While the government must act in a way that is religiously […]
