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Article by Olivia Lupia, Tennessee Conservative News –
A U.S. District Court has declared unconstitutional a Tennessee law requiring charter schools to operate as “nonreligious” in order to participate in a public benefit program, helping clear the way for an organization seeking to create a Christian charter school in Knoxville after it filed suit against the Board of Education for denying the application based on its religious components.
Christian nonprofit Wilberforce Academy is seeking to open a K-8 charter school in Cedar Bluff to “prepare the hearts and minds of students through the patient and rigorous pursuit of truth, a nurturing culture of joy and structure, and the steadfast cultivation of Christian virtue to that they may live free and purposeful lives as responsible citizens and steward leaders.”
Wilberforce was prevented in 2025 from pursuing this mission because of the Public Charter Schools Act of 2002 that allows only “nonsectarian” and “nonreligious” schools to participate in the charter school program, leading the organization to file suit against the Knox County Board of Education (BOE) for religious discrimination.
After filing, the ACLU and other partners, including Americans United for Separation of Church and State and the Freedom From Religion Foundation, were granted permission to join the suit on the side of the BOE to “safeguard” the idea that charter schools must accept and serve all students and cannot be run as religious schools.
On Nov. 6, Judge Charles Atchley of the U.S. District Court for the Eastern District of Tennessee ruled in favor of Wilberforce, writing that the state’s nonsectarian/nonreligious requirement violates the Constitution’s Free Exercise Clause.
“The First Amendment does not permit the state to require an organization to abandon its religious beliefs or practices as the price of participating in a public benefit program,” Atchley said. “That is discrimination against religion.”
Tennessee Attorney General Jonathan Skrmetti had previously argued in Dec. 2025 the Public Charter Schools Act likely violated the Free Exercise Clause, an opinion vindicated in the Atchley’s ruling last week.
“This victory is bigger than a courtroom ruling,” said Wilberforce Academy Executive Director Zach Wishart. “It advances educational freedom and opens the door for more children, regardless of their family’s financial circumstances, to access a tuition-free, Christ-centered education. We are grateful for this victory and excited about what it means for the future of Christian education in Tennessee.”
But while this ruling clears a major hurdle for the potential school, it does not automatically allow the process to continue. The Knox County BOE is not required to approve Wilberforce’s application, it just cannot deny it based on the nonreligious requirement.
Atchley’s ruling reiterated that Tennessee “retains broad authority” to manage its public education system, including the charter school program, but because that program is “generally available to private participants,” the state cannot then require that groups must forfeit their constitutional rights to participate.
And not all Tennessee lawmakers and groups see the victory as a win for religious freedom. The Southern Poverty Law Center argued the government’s role isn’t to promote religion and Democrat Sam McKenzie previously stated, “The Constitution is clear; the First Amendment is clear. You cannot use public money to aid a religion or a religious entity. You can’t do it.”
Notably, statements were absent by these parties surrounding the fact that public funds are already being used to aid religious entities through the state’s school Education Freedom Scholarship program, which was expanded during the 2026 legislative session.
Several Muslim schools embracing Sharia Law and other Islamic teachings are on the list of schools eligible to receive taxpayer dollars through the voucher program, meaning that these organizations standing against Wilberforce seem to only be taking issue with funds being used to promote Christian education systems.
Sources:
WATE.
ACLU.
WBIR.
WATE.
WATE.
About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
