The U.S. Supreme Court will hear oral arguments in the case of a religious charter school in Oklahoma seeking public funds. Oklahoma Attorney General Gentner Drummond brought the case, claiming that since the school was religious, it could not be given state funds.
Legal challenge by state attorney general
The Oklahoma Statewide Charter School Board approved funding for the nation’s first Catholic charter school, St. Isidore of Seville Catholic Virtual School Inc., set to open in the fall of 2024.
However, Drummond sued in 2023, claiming the religious charter school broke state and federal law. The state’s Supreme Court then ruled state funding for the school was unconstitutional because of its religious affiliation.
Supporters cite school choice and religious freedom
Supporters say the Catholic charter school would boost school choice and uphold religious freedom in Oklahoma. Charter schools are publicly funded by and subject to government performance standards. However, they operate independently from public school districts and set their own curriculum.
Oklahoma’s attorney general argues the Catholic charter school would violate First Amendment rights because the school’s contract requires “state approval before it can teach any material revisions to Catholic doctrine mandated by the pope.”
“This unconstitutional scheme to create the nation’s first state-sponsored religious charter school will open the floodgates and force taxpayers to fund all manner of religious indoctrination, including radical Islam or even the Church of Satan,” Drummond said in an October 2024 statement regarding the legal challenge. “My fellow Oklahomans can rest assured that I will always fight to protect their God-given rights and uphold the law.”
The charter school and the school board petitioned the Supreme Court to review the case. They argue that the state does not compel or encourage St. Isidore’s religious status or conduct.
Oral arguments are scheduled for April 30, with a decision expected in June or July.
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