The Oklahoma Statewide Charter School Board has petitioned the U.S. Supreme Court to overturn a lower court decision that blocks the establishment of the nation’s first faith-based charter school.
Central to this legal battle is the approval of St. Isidore of Seville Catholic Virtual School, which would mark a significant milestone as the first religious charter school in the United States.
In a writ of certiorari filed on Monday, the board is contesting the ruling in the case of Oklahoma Statewide Charter School Board, et al. v. Drummond, highlighting concerns about religious freedom. The petition argues that the Oklahoma Attorney General contends the state can exclude religious charter schools based on their classification as “public schools established by contract.” This classification, the board claims, wrongly equates a privately managed school’s religious instruction with state action.
“The Oklahoma Supreme Court accepted that argument, which contradicts recent Supreme Court rulings and raises significant issues that the Court should address,” the petition states
Represented by the Alliance Defending Freedom (ADF), a conservative legal organization known for its work on First Amendment cases, the school board is pushing for greater educational options. ADF Senior Counsel Phil Sechler emphasized that “Oklahoma parents and children benefit from more choices, not fewer,” and criticized the state officials who oppose St. Isidore on religious grounds.
In June 2023, the Oklahoma Statewide Virtual Charter School Board narrowly approved the charter application for St. Isidore, which would be managed by the Roman Catholic Archdiocese of Oklahoma City and the Diocese of Tulsa. This decision faced opposition from progressive groups and Republican Attorney General Gentner Drummond, who filed a complaint against the board last October.
Liberal advocacy groups also initiated legal action against the board and other state entities, leading to a ruling by the Oklahoma Supreme Court in June, which struck down the charter approval in a 7-1 vote. The court asserted that using public funds to support a religious school contravenes the state constitution, stating, “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.’”
In dissent, Justice Dana Kuehn argued that St. Isidore would not be considered a "state actor" simply by entering into a contract with the state. “Allowing St. Isidore to operate would not establish, aid, or favor a specific religious group,” she stated, asserting that excluding organizations based on religious affiliation would violate the First Amendment's Free Exercise Clause.
In August, following the state supreme court’s order, the charter school board unanimously voted to rescind the contract for St. Isidore. Attorney General Drummond welcomed this decision, asserting, “The proposed state-sponsored religious school, funded by our tax dollars, poses a serious threat to the religious liberty of all four million Oklahomans.”