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Constitutionality of Tennessee’s Restriction on Religious Charter Schools

Posted by: Azya Thornton on Dec 5, 2025

Court: TN Attorney General Opinions

Hearing Date: 11/25/2025

Opinion Number: 19

Question 1: Does Tennessee’s ban on religious charter schools violate the Free Exercise Clause of the First Amendment to the U.S. Constitution?

Opinion 1: Likely yes. Tennessee Code Annotated § 49-13-111(a)(2) requires public charter schools to “[o]perate as … nonsectarian[ and] nonreligious.” In addition, § 49-13-104(16)(B) prohibits bodies that “promote the agenda of any religious denomination or religiously affiliated entity” from sponsoring a public charter school. Those restrictions exclude otherwise qualified religious entities from participating in a public benefit, and no compelling interest is apparent. So § 49-13- 111(a)(2)’s and § 49-13-104(16)(B)’s restrictions on religious charter schools likely violate the Free Exercise Clause.

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