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Supreme Court will weigh approval for US’ first publicly funded religious charter school in Oklahoma

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

The justices said they would consider an Oklahoma Supreme Court ruling that invalidated the state board's approval of the Catholic Church's application to open a charter school in Oklahoma.

The conservative-dominated high court has issued several rulings in recent years that show it is open to the flow of public funds to religious organizations.


The highly conservative-dominated court has issued important rulings in recent years that could lead to the possibility of allowing public funds to flow to religious groups. AP

At the same time, conservative-led states are trying to incorporate religion into public schools, with Louisiana requiring the Ten Commandments to be displayed in classrooms.

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

Judge Amy Coney Barrett is not taking part in the lawsuit, but has not explained why.

Last June, in a 7-1 vote, the Oklahoma Supreme Court ruled that taxpayer-funded religious charter schools should be protected from the First Amendment, which prohibits the government from enacting laws “respecting establishments of religion.” The court ruled that there was a partial violation of the law.


Teacher standing in a Catholic school classroom with a cross in the background
The Supreme Court agreed Friday to consider reviewing an Oklahoma Supreme Court ruling that invalidated the state board's approval of the nation's first publicly funded religious charter school. Perenghino – Stock.adobe.com

The decision was made in 2023 by the Statewide Virtual Charter Schools Committee, which voted 3-2 to approve the archdiocese's application for the St. Isidore Virtual Charter School in Seville.

The online K-12 school was scheduled to begin classes last fall with its first 200 students as part of its mission to evangelize students to the Catholic faith.

A group of Oklahoma parents, faith leaders and public education nonprofits filed a lawsuit seeking to shut down the school.

“Under Oklahoma law, charter schools are public schools,” Judge James Winchester, an appointee of former Republican Gov. Frank Keating, said in the court's majority opinion.

“That’s why charter schools have to be nonsectarian.

“However, St. Isidore will be evangelizing the Catholic school curriculum with state aid.”

In a dissenting opinion, Justice Dana Kuhn said that excluding St. Isidore from operating a charter school based solely on religious affiliation would violate another part of the First Amendment that protects religious freedom. I wrote it.

The lawsuit pits Oklahoma's Republican Governor Kevin Stitt and Republican Attorney General Gentner Drummond against each other.

Stitt supports the school.

Drummond reversed recommendations his Republican predecessor gave to the Charter Schools Commission, warning that Catholic charter schools are unconstitutional in his view.

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