The Oklahoma Supreme Court ruled on June 25 that the state’s charter school board violated both state and federal law when it approved a publicly funded religious charter school, the first in the United States, in June 2023.
Granting St. Isidore of Seville Virtual Charter School a charter was equal to the establishment of a state religion, the court found, with the majority of judges rejecting the defendant’s argument that the Catholic school would help allow free choice in religion.
“This decision is a tremendous victory for religious liberty,” Mr. Drummond said. He had argued that using state money to establish a Catholic school would open the door to using tax dollars for all types of religious schools.
“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,” he said.
Justices Yvonne Kauger, James Winchester, James Edmondson, Doug Combs, Noma Gurich, and Richard Darby found that the state established and promoted a religion when the Statewide Virtual Charter School Board approved the charter in June 2023.
Of the remaining three justices, Vice Chief Justice Dustin Rowe concurred in part and dissented in part, Justice Dana Kuehn dissented, and Justice John Kane recused himself.
The Statewide Virtual Charter School Board and the St. Isidore of Seville Catholic Charter School did not return calls or emails seeking comment.
“Clearly, we are disappointed in today’s ruling as it disregards the needs of many families in Oklahoma who only desire a choice in their child’s education,” Lara Schuler, senior director of Catholic education for the archdiocese, wrote. “We will remain steadfast as we seek to right this wrong and to join Oklahoma’s great diversity of charter schools serving all families in the state.”
St. Isidore’s principal, Misty G. Smith, indicated that the debate is not over.
“Today’s decision is a setback for Oklahoma K–12 students and to the ideal of free choice and open opportunity in education. I, however, will not give up hope that the Court’s error may be corrected,” she wrote.
In court, Mr. Drummond argued that the charter violated the U.S. Constitution’s ban on establishing a state religion and a similar provision in Article 2 Section 5 of the Oklahoma State Constitution. He said that a charter school is legally a public school.
Under the Oklahoma Charter Schools Act, a charter school “shall be nonsectarian in its programs, admission policies, employment practices, and all other operations.”
Mr. Drummond told the court that the charter “eviscerates the separation of church and state.”
According to court documents, the defendants have 10 days to petition the court over the decision.
