The Oklahoma Charter School Commission announced that it has asked the Supreme Court to reverse its ruling that the nation's first publicly funded religious charter school is unconstitutional.
The board's petition asking the high court to take up the case could spark a major controversy over the separation of church and state.
“Both questions posed raise very important constitutional issues.” petition Read.
“Their resolutions will have a major impact on Americans' freedoms and our nation's education system. This lawsuit also provides a clean path to address them.”
St. Isidore of Seville Catholic Virtual School was initially denied by the Oklahoma Charter School Commission in April 2023, but its application was approved several months later.
The state's Republican attorney general, Gentner Drummond, who had warned about the school's legality, filed the lawsuit. The case was quickly taken up by the Oklahoma Supreme Court, which ruled that religious charter schools were unconstitutional.
The court ruled that “the St. Isidore Contract violates state and federal law and is unconstitutional.”
The very idea of the school has generated a lot of controversy even within the charter school movement, which sees St. Isidore of Seville Catholic Virtual School as a hindrance to efforts to treat charter schools the same as public schools.
“The Oklahoma Supreme Court’s decision reassures all Oklahoma families that their students’ constitutional rights will not be sacrificed if they choose to attend a public charter school.”National Public Charter Schools said Eric Paisner, acting CEO of the Alliance.
Oklahoma's charter school board is represented in the Supreme Court by the Alliance Defending Freedom (ADF), a Christian law powerhouse with more than a dozen Supreme Court victories. ADF also led challenges to the common abortion drug mifepristone and regularly engages in high-profile cases involving LGBTQ protections and religious freedom.
“These decisions destabilize the widely popular and rapidly growing charter school movement, which is often opposed because of its popularity,” ADF said of the lower ruling.
The Catholic school itself plans to file a separate petition asking the Supreme Court to take up the case, according to court filings.
ADF lawyers said the Oklahoma ruling is a “serious threat to fundamental liberties” and solidifies the rift between lower courts.
“People with progressive values can use state aid to send their children to progressive charter schools,” the petition reads. “Those who subscribe to the principles of Montessori education can send their children to a Montessori charter school for free.”
“However, religious parents may not receive the same benefits because their desired charter school is religious. The Free Exercise Clause categorically condemns such anti-religious discrimination.”
