Oklahoma Supreme Court considers first religious charter school in US

The Oklahoma Supreme Court convened on Tuesday to consider a case that may pave the way for publicly funded religious charter schools nationwide.

Last summer, the state’s virtual charter school board narrowly endorsed a proposal to launch St. Isidore of Seville Catholic School, managed jointly by the Roman Catholic Archdiocese of Oklahoma City and the Diocese of Tulsa. The school would follow a similar framework to private parochial schools by integrating Catholic beliefs across various subjects and campus life.

St. Isidore, accredited by the Oklahoma State Department of Education according to its website, is set to become the country’s inaugural charter school of its kind, scheduled to commence classes in mid-August, as per court documents.

Initial doubts regarding the endeavor included skepticism from the state’s Republican Attorney General Gentner Drummond, who spearheaded arguments at the high court against the board’s decision. Critics contend that using public funds to operate a religious charter school violates the constitutional principle of church-state separation.

Charter schools, although privately administered, receive public funding which grants them autonomy in determining their curriculum and teaching methods. However, this flexibility also exposes them to the same legal constraints as other state-sponsored institutions.

Drummond contended that endorsing St. Isidore could set a precedent for establishing state-funded institutions representing diverse faiths like Scientology or Islamic schools. He emphasized, “Oklahomans are being compelled to fund Catholicism,” signaling the broader implications of the case.

The ongoing legal clash revolves around the establishment of the state’s first publicly funded Catholic school, challenging the boundary between religion and public education. With the U.S. Supreme Court recently ruling in favor of religious programs’ access to taxpayer funds, the case represents a significant test for the judiciary.

Phil Sechler, representing the virtual charter school board and the Alliance Defending Freedom, argued that St. Isidore, being privately owned and operated by the Catholic Church, should not be discriminated against in receiving public funds. Denying the school access to state funding would amount to religious bias, contravening constitutional provisions.

The Oklahoma Supreme Court hearings showcased a cautious approach from the justices towards labeling St. Isidore as a private rather than a public entity. Drummond emphasized the school transitioned into a public institution upon signing a charter agreement, making it eligible for public funds.

The nine justices deliberated on the novelty of sanctioning a religion-based charter school, raising concerns about the school’s curriculum’s religious orientation and the Catholic composition of its board members. Yvonne Kauger, the court’s longest-serving justice, underscored the precedent-setting nature of their decision and its implications on the separation of church and state.

As the legal battle unfolds, the decision on St. Isidore’s fate remains pending, accentuating the complexity of balancing religious freedoms with public education standards.