Law & Courts

Religious Charter School Is Unconstitutional, Oklahoma Supreme Court Rules

By Mark Walsh — June 25, 2024 4 min read
The Oklahoma Supreme Court is pictured in the state Capitol building in Oklahoma City, May 19, 2014. The Oklahoma Supreme Court ruled Tuesday, June 25, 2024, that the approval of the nation's first state-funded Catholic charter school, St. Isidore of Seville Catholic Virtual Charter School, is unconstitutional.
  • Save to favorites
  • Print

The Oklahoma Supreme Court on Tuesday ruled that the plan for a religious charter school that would receive state funds but be controlled by two Roman Catholic dioceses in the state violated the state and federal constitutions.

The court voted 6-2 against the St. Isidore of Seville Catholic Virtual School, sponsored by the Catholic Archdiocese of Oklahoma City and Diocese of Tulsa, which was set to begin its contract on July 1 with some 400 to 500 students and receiving some $2.5 million in state education aid in its first year.

“Although a public charter school, St. Isidore is an instrument of the Catholic church, operated by the Catholic church, and will further the evangelizing mission of the Catholic church in its educational programs,” Justice James R. Winchester wrote for the majority in explaining why the religious charter would violate a state constitutional provision that bars the state from using public money for the benefit or support of any religious institution.

“Enforcing the St. Isidore contract would create a slippery slope and what the [state constitutional] framers warned against—the destruction of Oklahomans’ freedom to practice religion without fear of governmental intervention,” Winchester said.

The state’s highest court went on to hold that the religious charter school would be a “state actor” and not a private entity contracting with the state. And it would violate the U.S. Constitution’s First Amendment prohibition on government establishment of religion.

“St. Isidore will fully incorporate Catholic teachings into every aspect of the school, including its curriculum and co-curricular activities,” Winchester said. “It will require students to spend time in religious instruction and activities, as well as permit state spending in direct support of the religious curriculum and activities within St. Isidore—all in violation of the establishment clause.”

The court further rejected a central argument advanced by St. Isidore supporters, that recent U.S. Supreme Court cases removing barriers to the inclusion of religious private schools in state aid programs gave St. Isidore and the families that would enroll a First Amendment free exercise of religion right for the charter school to be funded by the state.

“What St. Isidore requests from this court is beyond the fair treatment of a private religious institution in receiving a generally available benefit, implicating the free exercise clause,” Winchester said. “It is about the state’s creation and funding of a new religious institution violating the establishment clause.”

A possible appeal to the U.S. Supreme Court?

The decision was a victory for Oklahoma Attorney General Gentner Drummond, a Republican who had differed with his predecessor on the legality of a religious charter school. Drummond had filed the case asking the state supreme court to invalidate the approval last year of the St. Isidore charter by the Statewide Virtual Charter School Board.

“This decision is a tremendous victory for religious liberty,” Drummond, who had argued the case and warned that approval of St. Isidore might lead to all manner of religious charters, such as a Satanism school, said in a statement. “I hope that the people of Oklahoma can rejoice that they will not be compelled to fund radical religious schools that violate their faith.”

John Meisner, the director of the Religious Liberty Clinic at Notre Dame Law School, which is helping to represent St. Isidore, said in a statement, “St. Isidore is considering its legal options but today’s decision to condone unconstitutional discrimination against religious educators and the children they serve is one that the school will continue to fight. St. Isidore merely seeks to join Oklahoma’s diverse array of charter schools, bringing educational choice and opportunity to communities and families in need.”

Because the case involves federal constitutional issues, it is possible supporters of St. Isidore could ask the U.S. Supreme Court to intervene.

Dustin P. Rowe, the vice chief justice of the Oklahoma high court, issued a short opinion stating that he agreed with the majority that a provision of the state constitution mandates that charter schools be nonsectarian. But he dissented from the rest of the majority opinion.

Justice Dana Kuehn dissented on every issue discussed by the majority.

“St. Isidore would not become a ‘state actor’ merely by contracting with the state to provide a choice in educational opportunities,” she said. “By allowing St. Isidore to operate a virtual charter school, the state would not be establishing, aiding, or favoring any particular religious organization. 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.”

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Personalized Learning Webinar
Personalized Learning in the STEM Classroom
Unlock the power of personalized learning in STEM! Join our webinar to learn how to create engaging, student-centered classrooms.
Content provided by Project Lead The Way
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Webinar
Students Speak, Schools Thrive: The Impact of Student Voice Data on Achievement
Research shows that when students feel heard, their outcomes improve. Join us to learn how to capture student voice data & create positive change in your district.
Content provided by Panorama Education
School & District Management Live Online Discussion A Seat at the Table: How Can We ‘Disagree Better’? A Roadmap for Educators
Experts in conflict resolution, psychology, and leadership skills offer K-12 leaders skills to avoid conflict in challenging circumstances.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Iowa's Book Ban Is Reinstated by Appeals Court But Case Against It Will Continue
The Iowa law bars books depicting sex in school libraries and discussions of sexual orientation and gender identity in preK-6.
4 min read
An LGBTQ+ related book is seen on shelf at Fabulosa Books a store in the Castro District of San Francisco on Thursday, June 27, 2024. "Books Not Bans" is a program initiated and sponsored by the store that sends boxes of LGBTQ+ books to LGBTQ+ organizations in conservative parts of America, places where politicians are demonizing and banning books with LGBTQ+ affirming content.
An LGBTQ+ book section is seen at Fabulosa Books, a store in San Francisco, on June 27, 2024. A federal appeals court has reinstated an Iowa law that prohibits books depicting sex from public school libraries. Challengers claim the law has led school districts to remove scores of books out of fear of violating the law.
Haven Daley/AP
Law & Courts Louisiana Uses History, Pop Culture to Defend School Ten Commandments Mandate
Suggested options pair the Ten Commandments with Charlton Heston, Martin Luther King Jr., and Regina George of "Mean Girls."
6 min read
Louisiana Attorney General Liz Murrill, right, speaks alongside Louisiana Gov. Jeff Landry during a press conference regarding the Ten Commandments in schools Monday, Aug. 5, 2024, in Baton Rouge, La. Murrill announced on Monday that she is filing a brief in federal court asking a judge to dismiss a lawsuit seeking to overturn the state’s new law requiring that the Ten Commandments be displayed in every public school classroom.
Louisiana Attorney General Liz Murrill, right, speaks alongside Louisiana Gov. Jeff Landry during an Aug. 5, 2024, press conference in Baton Rouge, La., on the display of the Ten Commandments in public schools. Murrill is seeking to dismiss a lawsuit aiming to overturn the state’s law requiring that they be posted in every classroom.
Hilary Scheinuk/The Advocate via AP
Law & Courts Biden's Title IX Rule Takes Effect Amid a Confusing Legal Landscape
The rule that expands protections for LGBTQ+ students is effective Aug. 1, but injunctions currently block it in 26 states.
7 min read
The U.S. Supreme Court is seen on Thursday, June 29, 2023, in Washington.
The Biden administration's new Title IX regulation was set to take effect Aug. 1, but only in parts of the country as court injunctions block it in 26 states and the U.S. Supreme Court weighs a request to step into the debate.
AP
Law & Courts A District's Rule Against Misgendering Students Is Likely Constitutional
A federal appeals court did not block a policy barring students from using pronouns that don't align with a classmate's gender identity.
4 min read
Demonstrators advocating for transgender rights and healthcare stand outside of the Ohio Statehouse, Jan. 24, 2024, in Columbus, Ohio. A federal appeals court on Wednesday, July 17, refused to lift a judge's order temporarily blocking the Biden administration’s new Title IX rule meant to expand protections for LGBTQ+ students
Supporters of transgender rights and healthcare stand outside of the Ohio Statehouse on Jan. 24, 2024, in Columbus, Ohio. A federal appeals court has refused to block an Ohio school district's policy that bars students from intentionally misgendering classmates by using pronouns that don't align with students' gender identity.
Patrick Orsagos/AP