Catholic School Legal Showdown Hits Supreme Court
The Oklahoma Statewide Charter School Board has taken action to have the U.S. Supreme Court review a lower court’s decision that blocked the approval of the first faith-based charter school in the United States. This case revolves around St. Isidore of Seville Catholic Virtual School, which, if established, would mark a significant milestone in religious education within the charter school system.
In a petition submitted to the Supreme Court, the charter school board argues that the Oklahoma Attorney General’s position allows for the exclusion of religious charter schools based on state law. The Attorney General asserts that designating such schools as “public schools established by contract” equates a privately operated institution’s religious teachings with state action, a claim that the Oklahoma Supreme Court has upheld. The board is represented by the Alliance Defending Freedom, a legal group known for advocating for First Amendment rights and winning cases at the Supreme Court level.
The board’s appeal follows a June 2023 decision in which it voted to approve the charter application for St. Isidore, which would be governed by the Roman Catholic Archdiocese of Oklahoma City and the Diocese of Tulsa. However, this approval faced strong opposition from progressive organizations and the Attorney General, leading to a lawsuit challenging the board’s decision. These opposing forces argue that a religious charter school violates the state constitution.
In June, the Oklahoma Supreme Court ruled against the charter school by a 7-1 vote, determining that its approval contravened constitutional provisions prohibiting the use of public funds to support any religious sect. The majority opinion emphasized the framers’ intent to prevent government funding from infringing on religious practices. However, Justice Dana Kuehn dissented, arguing that allowing St. Isidore to operate would not constitute government endorsement of a particular religion, thus preserving the Free Exercise rights under the First Amendment.
Following the Supreme Court’s ruling, the charter school board rescinded its approval of St. Isidore’s contract in August, a decision supported by Attorney General Drummond. He characterized the proposed charter school as a threat to the religious liberties of Oklahomans, highlighting the ongoing tensions between religious freedom and state regulations governing education. The outcome of this case will likely have significant implications for the intersection of religion and education in charter schools across the nation.