OKLAHOMA CITY (AP) — The Oklahoma Supreme Court on Tuesday struck down what would have been the first publicly funded religious charter school in the U.S., resenting conservatives and the state’s governor who have welcomed religious groups into public education, returned.
The Supreme Court ruled last year that the Statewide Virtual Charter School Board voted 3-2 to approve an application from the Catholic Archdiocese of Oklahoma for St. Isidore of Seville. The Virtual Charter School violates the Establishment Clause, which prohibits the government from making any law “affecting an establishment of religion.” The ruling also says that both the Oklahoma and U.S. Constitutions, as well as state law, were violated.
The case is being closely watched because supporters of the school believe that recent U.S. Supreme Court rulings 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 post the Ten Commandments in classrooms, while others are under pressure to teach the Bible and ban books and lessons on race, sexual orientation and gender identity.
“Under Oklahoma law, a charter school is a public school,” Judge James Winchester, an appointee of former Republican Gov. Frank Keating, wrote in the court’s majority opinion. “As such, a charter school must be non-sectarian.
“St. However, Isidore will evangelize the Catholic school curriculum while it is state-sponsored.”
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.
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 Oklahoma Supreme Court justices were appointed by Republicans, four by Democrats.
In her dissent, Kuehn wrote that excluding St. Isidore from operating a charter school based solely on her religious beliefs would violate the Free Exercise Clause of the First Amendment to the U.S. 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 Supreme 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 online K-12 public charter school was set to begin classes for its first 200 students in the fall, with part of its mission to evangelize its students in the Catholic faith. The archdiocese is seeking advice from attorneys on whether to open, said Brett Farley, executive director of the Catholic Conference of Oklahoma.
A group of Oklahoma parents, faith leaders and a nonprofit public education group have filed a lawsuit to block the school’s creation.
Oklahoma Gov. Kevin Stitt, who supported the board’s decision, said he was disappointed Drummond challenged the decision and remained hopeful the U.S. Supreme Court would consider the case.
“I fear 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 pick and choose who gets state dollars based on a private entity’s religious status.”
