This story originally appeared in the Oklahoma Voice and is republished with permission.
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OKLAHOMA CITY — The U.S. Supreme Court announced Friday it will hear oral arguments over a Catholic charter school seeking to open and receive taxpayer funding in Oklahoma.
St. Isidore of Seville Catholic Virtual School would be the first publicly funded religious school in the nation. The Archdiocese of Oklahoma City and the Diocese of Tulsa have sought to found the school to provide a free, online Catholic education to students in all parts of the state.
The Oklahoma Supreme Court struck down the school in a June ruling. A majority of the state’s highest court found the concept of a Catholic charter school to be a violation of both the Oklahoma and U.S. Constitution’s ban on government-established religion.
Catholic leaders and the school are grateful the U.S. Supreme Court has taken on their case, said Brett Farley, a member of St. Isidore’s Board of Directors and a lobbyist for the Catholic Conference of Oklahoma.
“We look forward to the opportunity to present the case to the highest court in the land, with hope we can soon provide a premium, virtual education to Oklahoma families,” Farley said.
Attorney General Gentner Drummond brought a legal challenge against the school to the state Supreme Court, contending it “eviscerates the separation of church and state.”
The Attorney General’s Office looks forward to presenting its arguments before the U.S. Supreme Court, agency spokesperson Phil Bacharach said Friday.
All parties in the case must have their briefs filed with the U.S. Supreme Court by April 21 before oral arguments can take place, according to the Court’s announcement. The Court noted without explanation that Justice Amy Coney Barrett took no part in the decision to hear the case.
The Oklahoma Statewide Virtual Charter School Board voted 3-2 in 2023 to approve the archdiocese’s application to open St. Isidore. Catholic leaders and their attorneys contend charter schools are not true public schools, though they rely on public funding, and therefore should be able to adopt a religion.
The state Supreme Court disagreed and instead upheld the longstanding interpretation that charter schools are government-established public schools, despite the fact that they are operated by private entities and nonprofits.
The court ordered the state to void its contract with St. Isidore and forbade it from opening or accepting taxpayer funds.
Gov. Kevin Stitt and Oklahoma’s top education official, state Superintendent Ryan Walters, have both advocated for the school.
“I’m glad the U.S. Supreme Court is hearing the St. Isidore case,” Stitt said. “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.”
Walters said “the entire country has eyes on Oklahoma to support St. Isidore and end state-sponsored atheism.”
A separate lawsuit against the school has been on hold in Oklahoma County District Court since the state Supreme Court ruling. A coalition of Oklahoma parents, faith leaders and education advocates were the first to sue to block the school.
The group of plaintiffs are represented by multiple national legal organizations, including the American Civil Liberties Union, Americans United for Separation of Church and State, and the Freedom From Religion Foundation.
“The law is clear: Charter schools are public schools and must be secular and open to all students,” the legal organizations said in a joint statement Friday. “The Oklahoma Supreme Court correctly found that the state’s approval of a religious public charter school was unlawful and unconstitutional. We urge the U.S. Supreme Court to affirm that ruling and safeguard public education, church-state separation, and religious freedom for all.”
Nuria Martinez-Keel covers education for Oklahoma Voice.
Oklahoma Voice is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
