Oklahoma’s state supreme court ruled on Tuesday that the nation’s first publicly funded religious charter school, St. Isidore of Seville Catholic Virtual School, is unconstitutional.
Charter schools are required to be “nonsectarian in their programs, admission policies, and other operations,” the court wrote. Oklahoma’s Charter School Board approved St. Isidore’s application to become a virtual charter school in June last year, and the school was slated to open in fall 2024.
“This State’s establishment of a religious charter school violates Oklahoma statutes, the Oklahoma Constitution, and the Establishment Clause,” the court wrote. “St. Isidore cannot justify its creation by invoking Free Exercise rights as a religious entity. St. Isidore came into existence through its charter with the State and will function as a component of the State’s public school system.”
Attorneys with Alliance Defending Freedom, representing the Oklahoma Statewide Virtual Charter School Board, said in April that Oklahoma Attorney General Gentner Drummond was wrong to oppose the school’s contract.
“The U.S. Constitution and Oklahoma’s Religious Freedom Act both protect St. Isidore’s freedom to operate according to its faith and support the board’s decision to approve such learning options for Oklahoma families. The board knew that the First Amendment’s Free Exercise Clause prohibits state officials from denying public funding to religious schools simply because they are religious,” ADF Senior Counsel Phil Sechler said. “We urge the state’s high court to reject this legal challenge that discriminates against religion and affirm the constitutionally protected rights of religious groups to be treated the same as their secular counterparts.”
Drummond has warned that “the approval of a charter school by one faith will compel the approval of charter schools by all faiths, even those most Oklahomans would consider reprehensible and unworthy of public funding.” The court agreed this week that as a public school, “a charter school must be nonsectarian.”
Drummond’s predecessor, John O’Connor, said in 2022 that religious institutions should be allowed to operate charter schools and that he didn’t believe the U.S. Supreme Court would rule that “a state should be allowed to discriminate against religiously affiliated private participants who wish to establish and operate charter schools in accordance with their faith alongside other private participants.”
Responding to the ruling, the Archdiocese of Oklahoma City said that the church would continue to explore all available legal options.
“Today’s ruling is very disappointing for the hundreds of prospective students and their families from across the state of Oklahoma who desired the educational experience and promise of St. Isidore of Seville Catholic Virtual School,” the diocese said in a statement. “We will consider all legal options and remain steadfast in our belief that St. Isidore would have and could still be a valuable asset to students, regardless of socioeconomic, race or faith backgrounds.”