Oklahoma CITY (KeynoteUSA) — An Oklahoma board’s approval of what would be the nation’s first publicly funded religious school is unconstitutional and must be overturned, the state Supreme Court ruled Tuesday.
The high court determined that the State Board of Virtual Charter Schools 3-2 votes last year Approving the Catholic Archdiocese of Oklahoma’s application for St. Isidore of Seville Virtual Charter School violates the Establishment Clause, which prohibits the government from making any law “respecting the establishment of a religion.” The ruling also says the Oklahoma and U.S. constitutions, as well as state laws, were violated.
“Under Oklahoma law, a charter school is a public school,” Justice James Winchester, appointed by former Republican Gov. Frank Keating, wrote in the court’s majority opinion. “As such, a charter school must be nonsectarian.
“However, St. Isidore will evangelize the Catholic school curriculum as long as it is sponsored by the state.”
The Archdiocese of Oklahoma City and the Diocese of Tulsa said in a statement that they will “consider all legal options” in response to the court ruling.
FILE – Oklahoma Attorney General Gentner Drummond stands during the playing of the national anthem at inauguration ceremonies, Jan. 9, 2023, in Oklahoma City. The Oklahoma Supreme Court ruled Tuesday, June 25, 2024, that the approval of the nation’s first state-funded Catholic charter school, San Isidore of Seville Virtual Catholic Charter School, is unconstitutional. (KeynoteUSA Photo/Sue Ogrocki, File)
Photo: ASSOCIATED PRESS/Sue Ogrocki
The court’s decision was 7-1, with one member concurring in part and one member, Chief Justice John Kane IV, recusing himself. Judge Dana Kuehn disagreed.
Five of the nine justices on the Oklahoma Supreme Court were appointed by Republicans and four by Democrats.
In his dissent, Kuehn wrote that excluding St. Isidore from operating a charter school based solely on its religious affiliation would violate the Free Exercise Clause of the First Amendment of the United States Constitution. The Oklahoma Constitution does not prohibit Oklahoma from contracting with religious schools as long as state-funded non-religious options are available, Kuehn wrote.
Oklahoma’s Republican Attorney General Gentner Drummond, who urged the board not to approve the contract, had asked the state’s high court to intervene and rule on the case. He praised the court’s decision.
“The framers of the United States Constitution and those who drafted the Oklahoma Constitution clearly understood how best to protect religious freedom: by preventing the state from sponsoring any religion,” Drummond said in a statement.
The K-12 online public charter school was scheduled to begin classes for its first 200 enrollees in the fall, with part of its mission to evangelize its students in the Catholic faith. The archdiocese is seeking guidance from lawyers on the opening, said Brett Farley, executive director of the Oklahoma Catholic Conference.
The case is being watched closely because school supporters believe recent decisions of the US Supreme Court have indicated that the court is more open to public funds going to religious entities.
Conservative-led states have targeted public schools: Louisiana required them to publish the Ten Commandments in the classroomswhile others are under pressure to teach the bible and ban books and lessons on race, sexual orientation and gender identity.
A group of Oklahoma parents, faith leaders and a public education nonprofit sued to stop establishment from school.
Oklahoma Gov. Kevin Stitt, who supported the board’s decision, said he was disappointed that Drummond challenged it and was hopeful the U.S. Supreme Court would consider the case.
“I am concerned that we have sent a troubling message that religious groups are second-class participants in our education system,” Stitt said in a statement. “Charter schools are incredibly popular in Oklahoma, and all we’re saying is: we can’t choose who gets state dollars based on the religious status of a private entity.”
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