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Supreme Court to Examine Oklahoma’s Decision on Publicly-Funded Religious Charter School


In June 2024, the Oklahoma Supreme Court issued a ruling against the school following the approval of the charter school by a state board.

On January 24, 2024, the U.S. Supreme Court decided to review a ruling from a state court that denied the authorization of the country’s first publicly-funded religious charter school.

The Supreme Court issued a grant for the petition as part of an unsigned order. The court provided no explanation for its decision, and none of the justices dissented.

Justice Amy Coney Barrett recused herself from the case, although the court did not provide any reasons for her withdrawal.

The school in question is the St. Isidore of Seville Catholic Virtual School (SISVC), which serves grades K-12 and is based in Oklahoma City, having received approval from the Oklahoma Statewide Charter School Board.

A charter school receives governmental funding yet operates independently from the local state school system.

An October 2024 petition argued that the Oklahoma Charter Schools Act allows most “private organizations” to establish charter schools by entering into a contract with a sponsor, but excludes religious organizations from eligibility.

The statute clearly states that “a sponsor may not authorize a charter school or program that is affiliated with a nonpublic sectarian school or religious institution.” The charter school must remain “nonsectarian in its programs, admission policies, employment practices, and all other operations.”

The petition further asserts that the Oklahoma constitution mandates the state maintain a “system of public schools … free from sectarian control.”

In 2023, the Archdiocese of Oklahoma City and the Diocese of Tulsa established the St. Isidore of Seville Virtual Charter School Inc., as noted in the petition. This charter school aims to provide “a learning opportunity for students seeking a quality Catholic education but who face barriers due to distance or affordability.”

In June 2023, the board gave its approval for the school’s application. A member of the board mentioned that they were obliged to approve the application, citing the requirement to uphold the U.S. Constitution’s Free Exercise Clause, according to the petition.

Respondent Oklahoma Attorney General Gentner Drummond initiated a lawsuit in October 2023, requesting the Oklahoma Supreme Court to annul the school’s contract and declare it as contrary to the U.S. Constitution’s Establishment Clause, state law, and the state constitution.

Drummond argued that if the school was not canceled, the state might face “requests to directly fund all petitioning sectarian groups,” which could involve “extreme sects of the Muslim faith establishing taxpayer-funded public charter schools teaching Sharia Law.” He expressed concerns that this could “open the door for public funding of religious schools whose beliefs significantly contradict the views of most Oklahomans,” as per the petition.

On June 25, 2024, the Oklahoma Supreme Court ruled in favor of the challenge, mandating the board to rescind the contract and stating that the school operated as a governmental entity. The court decided that denying the charter status did not infringe upon the Free Exercise Clause, as it was determined the school was a state actor.

Additionally, the state court found that the contract between St. Isidore and the board violated the Oklahoma constitution’s prohibition against “utilizing public funds for the benefit or support of any religious institution.”

Drummond submitted a brief on December 9, 2024, urging the U.S. Supreme Court not to accept the petition.

According to this brief, there are no disagreements among the federal courts of appeals regarding the issues at hand in this case.

After the U.S. Supreme Court’s approval of the petition, Phil Bacharach, spokesperson for Drummond, remarked to The Epoch Times, “The Office of the Attorney General looks forward to presenting our arguments before the Supreme Court.”

SISVC expressed in a statement on its website gratitude that the U.S. Supreme Court has accepted this religious liberty case.

“We eagerly anticipate the chance to present our case in the highest court in the nation, hoping to soon extend a premier, virtual Catholic education to families in Oklahoma,” the statement concluded.

An attorney from the Alliance Defending Freedom (ADF), representing the petitioner, the Oklahoma Statewide Charter School Board, expressed satisfaction regarding the U.S. Supreme Court’s decision to hear the case.

“Oklahoma parents and children benefit from more educational choices, not fewer. It’s quite ironic that state officials who profess support for religious liberty are discriminating against St. Isidore due to its Catholic values,” said ADF Chief Legal Counsel Jim Campbell in a statement.

“The U.S. Constitution safeguards St. Isidore’s right to function according to its faith and endorses the board’s action in approving such educational options for Oklahoma families.”

It remains uncertain when oral arguments regarding this new case will take place in the U.S. Supreme Court.

This case arises at a time when the Supreme Court has shown increased openness in recent years to constitutional arguments supporting religious schools.

In 2022, the court ruled 6–3 to strike down a Maine law that unconstitutionally excluded families from a student aid program if they opted for religious schools.
In a 5–4 ruling in 2020, the Court determined that Montana’s exclusion of religious schools from a scholarship program funded by tax credits was a violation of the First Amendment of the U.S. Constitution.



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