Four States. Six Bills. One Constitutional Question.

Executive Summary

• Tennessee passed a religious charter school bill through the Senate 25-5 and is advancing Ten Commandments classroom displays — two First Amendment tests heading for likely court review.
• Oklahoma is the week's property-rights standout, with a civil forfeiture reform bill (HB 3283) advancing that would raise the evidentiary burden before government can seize private property.
• Texas school choice faces its most consequential legal gate yet: a federal court hears the permanent injunction case on April 24 to determine whether states may use administrative review to exclude religious communities from publicly funded programs.
• SCOTUS's unanimous Catholic Charities ruling continues to ripple through state legislatures, with Michigan's conversion therapy ban now facing likely dismissal and other states reassessing laws that apply unequal scrutiny to religious organizations.

State-by-State Watch

Tennessee 🔴 Active

Tennessee is advancing the most aggressive church-state legislative agenda in the country this session. SB 2318, which passed the Senate 25-5 and cleared the House Education Committee in early April, would allow religiously affiliated postsecondary institutions to operate publicly funded charter schools — challenging the longstanding consensus that charter schools are government entities subject to Establishment Clause constraints. AG Jonathan Skrmetti issued an opinion in November 2025 that the ban "likely" violates the Free Exercise Clause, providing political cover for passage. Separately, bills mandating Ten Commandments displays alongside the Constitution and Bill of Rights passed both chambers; a parallel religious expression bill (SB 1714) shields students from academic penalty for religious viewpoints on assignments. Both measures are headed for federal court, establishing Tennessee as a primary test jurisdiction for the post-Kennedy v. Bremerton framework.

Oklahoma 🟡 Monitor

HB 3283 — Oklahoma's civil forfeiture reform bill — would raise the evidentiary burden required before law enforcement can permanently seize property from owners who have not been convicted of a crime. According to the Institute for Justice's "Policing for Profit" tracking database, Oklahoma joins a wave of at least 37 states that have enacted some form of forfeiture reform since 2014; 16 states now require a criminal conviction before property can be permanently forfeited. The bill also advances alongside separate parole reform measures, suggesting a broader criminal justice reform coalition forming in the legislature. Oklahoma's forfeiture regime has historically allowed agencies to retain proceeds — a financial incentive critics argue corrupts enforcement priorities. Passage would mark a significant due process win for property rights advocates.

Texas 🔴 Active

The nation's largest school voucher program — Texas Education Freedom Accounts (TEFA), established by Texas Senate Bill 2 (2023 Special Session) and funded at $1 billion — faces a critical federal court hearing on April 24 on a permanent injunction. At issue is whether Texas may use an administrative review process to selectively exclude religious institutions from a publicly funded program. A U.S. District Court judge issued a temporary restraining order in March, finding it "troubling" that the program initially approved over 2,200 private schools of various faiths while leaving others in indefinite limbo without explanation. The April 24 hearing will determine whether that administrative gatekeeping constitutes unconstitutional viewpoint discrimination — a ruling with implications far beyond Texas. Attorney General Paxton's separate investigation into a Dallas-based private religious mediation group, announced April 6, adds another front: the question of whether the state may apply unique scrutiny to voluntary religious arbitration that it does not apply to equivalent Jewish or Christian arbitration bodies. Separately, the May 2026 Comptroller primary produced Don Huffines as the Republican nominee, defeating Governor Abbott's preferred candidate; Huffines will set the administrative posture of TEFA if elected in November.

Florida 🟡 Monitor

HJR 583 / SJR 1104 proposes a constitutional amendment protecting religious expression in Florida public schools. If the legislature passes it and 60% of voters approve in November, the measure would shield students from academic penalty for religious viewpoints and protect religious club formation on campus — facially neutral across all faiths. The accountability question is whether implementation will be applied evenhandedly. Florida schools are separately managing competing directives on student protest rights and immigration enforcement near campuses, creating ongoing constitutional friction.

Minnesota 🟡 Monitor

Minnesota's civil forfeiture reform bill raises the standard of proof required before permanent seizure, eliminates the federal "equitable sharing" loophole agencies use to circumvent state restrictions, and mandates transparent reporting of forfeiture revenue use by municipalities. The bill has bipartisan support and a broad reform coalition behind it. If passed, it would make Minnesota one of the strongest property-rights protection states in the country.

Georgia 🟡 Monitor

HB 1238 would prohibit Georgia courts from applying rulings based on any foreign legal code — but its operational target is religious arbitration, a First Amendment-protected practice used by Jewish Beth Din courts, Christian arbitration services, and other religious communities alike. Bills that facially restrict "foreign law" but are drafted to target specific faiths face Equal Protection challenges. Georgia is one of four states advancing ALAC-model legislation this session, alongside Oklahoma, New Hampshire, and Texas.

Deep Cut: Tennessee's Religious Charter School Bill Is the Sleeper Case of 2026

Tennessee's SB 2318 — allowing religiously affiliated institutions to operate publicly funded charter schools — may be the most consequential First Amendment test of the year. The core legal question: is a charter school a government entity bound by the Establishment Clause, or a private contractor with First Amendment free exercise rights? The answer has been assumed for decades. Espinoza v. Montana (2020) held states cannot exclude religious schools from neutral aid programs; Carson v. Makin (2022) held states cannot impose "nonsectarian" conditions on vouchers. The Tennessee AG's opinion tracks those precedents. If SB 2318 passes and survives initial challenge, it will accelerate cases toward a Supreme Court that has consistently expanded accommodation of religion in public funding — reshaping church-state doctrine for faith-based institutions in every state.

Timeline: Key Upcoming Deadlines