The United States Supreme Court has agreed to hear an appeal regarding whether Oklahoma can approve the creation of the nation’s first religious charter school.
The decision was announced in an orders list released on Friday, where the Supreme Court accepted the combined cases of Oklahoma Charter School Board, et al. v. Drummond, Attorney General of Oklahoma, and St. Isidore of Seville School v. Drummond.
Jim Campbell, chief legal counsel with Alliance Defending Freedom, expressed his hope for a favorable ruling for 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,” Campbell stated.
He added, “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.”
Meanwhile, A joint statement from Americans United for Separation of Church and State, the American Civil Liberties Union, the Education Law Center, and the Freedom From Religion Foundation urged the U.S. Supreme Court “to affirm” a ruling by the Oklahoma Supreme Court that went against the establishment of the school.
They argued, “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.”
In June 2023, the Oklahoma Statewide Virtual Charter School Board voted 3-2 to approve the charter application for St. Isidore of Seville Catholic Virtual School, which would be overseen by the Roman Catholic Archdiocese of Oklahoma City and the Diocese of Tulsa. However, the approval faced opposition from progressive groups and Republican Attorney General Gentner Drummond, who filed a complaint against the board in October 2023.
Several liberal advocacy groups filed lawsuits against the board, individual members, the Oklahoma Department of Education, State Superintendent of Public Instruction Ryan Walters, and St. Isidore of Seville Virtual Charter School, Inc.
In June 2024, the Oklahoma Supreme Court ruled 7-1 against the charter school, with the majority opinion asserting that the school’s approval violated 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,’” the majority opinion stated.
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.”
Kuehn further asserted that allowing St. Isidore to operate a virtual charter school would not establish, aid, or favor any particular religious organization, stating that “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.”
Despite the charter school board unanimously voting to rescind the contract for St. Isidore after an August order from the state Supreme Court, they filed an appeal with the U.S. Supreme Court in October 2024.
