State Supreme Court rules religious charter school is unconstitutional

OKLAHOMA CITY (KFOR) - The Oklahoma Supreme Court in Oklahoma on Tuesday ruled that the first publicly funded religious charter school in the nation is unconstitutional.

In June 2023, Oklahoma Attorney General Gentner Drummond had warned the board that such a decision clearly violated the Oklahoma Constitution. “The approval of any publicly funded religious school is contrary to Oklahoma law and not in the best interest of taxpayers,” Drummond said in a statement shortly after the board’s vote. “It’s extremely disappointing that board members violated their oath in order to fund religious schools with our tax dollars. In doing so, these members have exposed themselves and the state to potential legal action that could be costly.”

In June 2023, the board voted 3-2 to approve the application for St. Isidore of Seville Catholic Virtual Charter School.

Oklahoma Governor Kevin Stitt applauded the vote by the board saying, “This is a win for religious liberty and education freedom in our great state, and I am encouraged by these efforts to give parents more options when it comes to their child’s education,” Stitt said in a statement.

PREVIOUS ST. ISIDORE COVERAGE:

The approval however, did not come without facing challenges. Americans United for Separation of Church and State denounced the board’s approval.

“It’s hard to think of a clearer violation of the religious freedom of Oklahoma taxpayers and public-school families than the state establishing the nation’s first religious public charter school,” the group’s president and CEO Rachel Laser said in a statement. “This is a sea change for American democracy. Americans United will work with our Oklahoma and national partners to take all possible legal action to fight this decision and defend the separation of church and state that’s promised in both the Oklahoma and U.S. Constitutions.”

Laser told KFOR Americans United is not against faith, but it is against protecting each individuals freedom of religion.

The lawsuit filed with the Oklahoma State Supreme Court and says the state Constitution expressly prohibits “sectarian control” of public schools. The suit also says the proposed school impinged on religious liberty by violating the Establishment Clause of the First Amendment to the U.S. Constitution.

“This decision is 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. Now Oklahomans can be assured that our tax dollars will not fund the teachings of Sharia Law or even Satanism. While I understand that the Governor and other politicians are disappointed with this outcome, I hope that the people of Oklahoma can rejoice that they will not be compelled to fund radical religious schools that violate their faith.”

Gentner Drummond, Oklahoma State Attorney General

"The Constitution is crystal clear on religious liberty, but that fundamental truth is lost on some people. Oklahomans hold their faith and their liberty sacred, and atheism should not be the state-sponsored religion. We should not play politics with the future of our kids through this misguided lawsuit," previous statement from State Superintendent Ryan Walters.

Oklahoma Supreme Court Conclusion:

"Under Oklahoma law, a charter school is a public school. As such, a charter school must be nonsectarian. However, St. Isidore will evangelize the Catholic faith as part of its school curriculum while sponsored by the State. This State's establishment of a religious charter school violates Oklahoma statutes, the Oklahoma Constitution, and the Establishment Clause.

St. Isidore cannot justify its creation by invoking Free Exercise Rights as a religious entity. St. Isidore came into existence through its charter with the State and will function as a component of the State's public school system. This case turns on the State's contracted-for religious teachings and activities through a new public charter school, not the State's exclusion of a religious entity. The Court grants the extraordinary and declaratory relief sought by the State. The St. Isidore Contract violates state and federal law and is unconstitutional. By writ of mandamus, we direct the Charter School Board to rescind its contract with St. Isidore."

Petitions for appeal must be filed in 10 days according to court records.

Dissenting Opinion:

“Today’s ruling is very disappointing for the hundreds of prospective students and their families from across the state of Oklahoma who desired the educational experience and promise of St. Isidore of Seville Catholic Virtual School. We will consider all legal options and remain steadfast in our belief that St. Isidore would have and could still be a valuable asset to students, regardless of socioeconomic, race or faith backgrounds.”

Joint Response from
Bishop David Konderla, Diocese of Tulsa and Eastern Oklahoma City
Archbishop Paul Coakley, Archdiocese of Oklahoma City

Governor Kevin Stitt also responded to the ruling on Tuesday.

“I’m concerned we’ve sent a troubling message that religious groups are second-class participants in our education system. 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. I’m disappointed by AG Drummond’s attack on religious liberty and the school choice movement, but I remain hopeful the U.S. Supreme Court will hear the case and grant St. Isidore the right to establish their school.”

Governor Kevin Stitt.

This is a developing story.