Supreme Court to review case for US’s first publicly funded religious charter school in Oklahoma

The Supreme Court agreed Friday to take on a new culture war dispute: whether the nation’s first publicly funded religious charter school should be allowed to open in Oklahoma.

The justices said they would review an Oklahoma Supreme Court decision that invalidated a state board’s approval of an application by the Catholic Church in Oklahoma to open a charter school.

The conservative-dominated high court has issued several decisions in recent years signaling a willingness to allow public funds to flow to religious entities. At the same time, conservative-led states have sought to insert religion into public schools, including Louisiana’s requirement that the Ten Commandments be posted in classrooms.

The case probably will be argued in late April and decided by early summer.

Last June, Oklahoma’s top court held by a 7-1 vote that a taxpayer-funded religious charter school would violate the part of the First Amendment that prohibits government from making any law “respecting an establishment of religion.”

The decision followed a 3-2 vote in 2023 by the Statewide Virtual Charter School Board to approve an application by the archdiocese for the St. Isidore of Seville Virtual Charter School. The K-12 online school had planned to start classes for its first 200 enrollees last fall, with part of its mission to evangelize its students in the Catholic faith.

A group of Oklahoma parents, faith leaders and a public education nonprofit sued to block the school.

“Under Oklahoma law, a charter school is a public school,” Justice James Winchester, an appointee of former Republican Gov. Frank Keating, wrote in the court’s majority opinion. “As such, a charter school must be nonsectarian.

“However, St. Isidore will evangelize the Catholic school curriculum while sponsored by the state.”

In dissent, Justice Dana Kuehn wrote that excluding St. Isidore from operating a charter school based solely on its religious affiliation would violate a different part of the First Amendment that protects religious freedom.

The case puts Oklahoma’s Republican governor, Kevin Stitt, and its Republican attorney general, Gentner Drummond, on opposing sides. Stitt favors the school. Drummond reversed the advice given to the charter school board by his Republican predecessor, warning that the Catholic charter school would in his view violate the Constitution.

Stitt released a statement:

“I’m glad the U.S. Supreme Court is hearing the St. Isidore case. This stands to be one of the most  significant religious and education freedom decisions in our lifetime. I believe our nation’s highest court will agree that denying St. Isidore’s charter based solely on its religious affiliation is flat-out unconstitutional. We’ve seen ugly religious intolerance from opponents of the education freedom movement, but I look forward to seeing our religious liberties protected both in Oklahoma and across the country.”

State Superintendent Ryan Walters has issued the following statement reacting to the announcement that the US Supreme Court has agreed to hear a case involving the creation of the nation’s first religious charter school, St. Isidore:

“Parental choice in education is crucial. The entire country has eyes on Oklahoma to support St. Isidore and end state-sponsored atheism.”

Previous Stories:

1. Contract For Oklahoma Religious Charter School Officially Canceled
2. Oklahoma Supreme Court Blocks Opening of Religious Charter School, St. Isidore Delays Launch
3. AG Drummond Withdraws Former AG O'Connor's Opinion On State Funded Religious Schools
4. Oklahoma Officials Clash, Publicly Funded Religious Charter School
5. Oklahoma Attorney General Says Approval Of Religious Charter School Goes Against State Constitution
6. Oklahoma Supreme Court Rules Against Catholic Charter School, Statewide Virtual Charter School Board
7. AG Drummond Withdraws Former AG O'Connor's Opinion On State Funded Religious Schools