The United States Supreme Court has decided to hear an appeal in a case centered on whether Oklahoma can approve the creation of the nation’s first religious charter school.
In an orders list released Friday afternoon, the Supreme Court agreed to the combined cases of Oklahoma Charter School Board, et al. v. Drummond, Attorney General of Oklahoma and St. Isidore of Seville School v.Drummond, Attorney General of Oklahoma.
Americans United for Separation of Church and State, the American Civil Liberties Union, the Education Law Center, and the Freedom From Religion Foundation emailed a joint statement provided to The Christian Post, urging the U.S. Supreme Court “to affirm” an Oklahoma Supreme Court ruling against the creation of the school.
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“Oklahoma taxpayers, including our plaintiffs, should not be forced to fund a religious public school that plans to discriminate against students and staff and indoctrinate students into one religion,” they stated.
Jim Campbell, chief legal counsel with Alliance Defending Freedom, said in a statement emailed to CP that he and his organization hope to see the high court rule in favor of the Catholic charter school.
“The U.S. Constitution protects St. Isidore’s freedom to operate according to its faith and supports the board’s decision to approve such learning options for Oklahoma families,” said Campbell.
“We’re pleased the U.S. Supreme Court will hear this case, which is of the utmost importance to families and children in Oklahoma and throughout the country.”
In June 2023, the Oklahoma Statewide Virtual Charter School Board voted 3-2 to greenlight the charter application for St. Isidore of Seville Catholic Virtual School. The educational entity would be overseen by the Roman Catholic Archdiocese of Oklahoma City and the Diocese of Tulsa.
However, progressive groups and Republican Attorney General Gentner Drummond objected to the approval of the school, with Drummond filing a complaint against the board in October 2023.
Additionally, liberal advocacy groups filed suit, naming as defendants the Statewide Virtual Charter School Board, individual board members, the Oklahoma Department of Education, State Superintendent of Public Instruction Ryan Walters and Saint Isidore of Seville Virtual Charter School, Inc.
In June of 2024, the Oklahoma Supreme Court ruled 7-1 against the charter school, with the majority opinion deciding that the approval of the school ran afoul of the state constitution.
“The framers’ intent is clear: the state is prohibited from using public money for the ‘use, benefit or support of a sect or system of religion,'” read the opinion. “The St. Isidore Contract violates the plain terms of Article 2, Section 5 of the Oklahoma Constitution.”
“Enforcing the St. Isidore Contract would create a slippery slope and what the framers’ warned against — the destruction of Oklahomans’ freedom to practice religion without fear of governmental intervention.”
Justice Dana Kuehn dissented, arguing that the approved religious charter school “would not become a ‘state actor’ merely by contracting with the state to provide a choice in educational opportunities.”
“By allowing St. Isidore to operate a virtual charter school, the state would not be establishing, aiding, or favoring any particular religious organization,” wrote Kuehn.
“Excluding private entities from contracting for functions, based solely on religious affiliation, would violate the Free Exercise Clause of the First Amendment to the United States Constitution.”
Although the charter school board unanimously voted to rescind the contract for St. Isidore per an order from the state Supreme Court last August, the board also filed an appeal with the U.S. Supreme Court last October.
