Oklahoma Supreme Court rules against publicly funding Catholic charter school
The Oklahoma Supreme Court has ruled against publicly funding the first-ever religious charter school in the United States, concluding that the measure would be unconstitutional.
The state’s highest court ruled 7-1 Tuesday in the case of Drummond v. Oklahoma Statewide Virtual Charter School Board that it was unlawful to publicly fund St. Isidore of Seville Catholic Virtual School.
“The framers' intent is clear: the state is prohibited from using public money for the ‘use, benefit or support of a sect or system of religion,’” stated the high court opinion. “The St. Isidore Contract violates the plain terms of Article 2, Section 5 of the Oklahoma Constitution.”
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“Enforcing the St. Isidore Contract would create a slippery slope and what the framers' warned against — the destruction of Oklahomans' freedom to practice religion without fear of governmental intervention.”
Justice Dana Kuehn authored a dissenting opinion, arguing that the approved religious charter school "would not become a 'state actor' merely by contracting with the state to provide a choice in educational opportunities."
"By allowing St. Isidore to operate a virtual charter school, the state would not be establishing, aiding, or favoring any particular religious organization," wrote Kuehn.
"To the contrary: Excluding private entities from contracting for functions, based solely on religious affiliation, would violate the Free Exercise Clause of the First Amendment to the United States Constitution."
Republican Attorney General Gentner Drummond, who brought the case against the board over approving the creation of the religious charter school, called the state Supreme Court decision “a tremendous victory for religious liberty.”
“The framers of the U.S. Constitution and those who drafted Oklahoma’s Constitution clearly understood how best to protect religious freedom: by preventing the state from sponsoring any religion at all,” said Drummond in a statement. “Now Oklahomans can be assured that our tax dollars will not fund the teachings of Sharia Law or even satanism.”
Republican Gov. Kevin Stitt, who disagreed with his attorney general about the approval of the religious charter school, expressed disappointment at the Oklahoma high court decision.
“I’m concerned we’ve sent a troubling message that religious groups are second-class participants in our education system,” Stitt stated.
“Charter schools are incredibly popular in Oklahoma — and all we’re saying is: we can’t choose who gets state dollars based on a private entity’s religious status. Religious freedom is foundational to our values, and today's decision undermines that freedom and restricts the choices available to Oklahomans.”
Stitt added that he was “hopeful the U.S. Supreme Court will hear the case and grant St. Isidore the right to establish their school."
In June of last year, the Oklahoma Statewide Virtual Charter School Board voted 3-2 to approve the charter application for St. Isidore of Seville Catholic Virtual School.
St. Isidore was to be overseen by the Roman Catholic Archdiocese of Oklahoma City and the Diocese of Tulsa, and was scheduled to begin holding classes virtually this coming fall.
However, progressive groups and Drummond objected to the approval of the religious charter school, with the state attorney general filing a complaint against the board in October.
Liberal advocacy groups filed suit last July, naming as defendants the Statewide Virtual Charter School Board, individual board members, the Oklahoma Department of Education, State Superintendent of Public Instruction Ryan Walters and Saint Isidore of Seville Virtual Charter School, Inc.
