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Washington — The Supreme Court convened on Wednesday to consider a significant case involving the establishment of an online Catholic charter school in Oklahoma, a situation that could potentially redefine the boundaries of public funding for religious education.
A ruling in favor of the St. Isidore of Seville Catholic Virtual School may pave the way for the nation’s first religious charter school, challenging existing laws in 45 states and the District of Columbia that mandate charter schools remain nonsectarian, as noted by Oklahoma Attorney General Gentner Drummond.
“If the court sides with the charter school, it would be the first instance where the Supreme Court permits direct government funding to a religious institution for its activities,” remarked Jessie Hill, a law professor at Case Western Reserve University with a focus on law and religion.
“What St. Isidore aims to do is essentially establish a religious school, forming a connection between state and religious entities that has not been seen before,” she added.
This case follows a series of recent Supreme Court decisions that have favored religious institutions, allowing public money to support them more broadly. Proponents of St. Isidore assert that their argument aligns with these previous rulings rather than introducing new legal precedents.
“The overarching principle is clear: when the government opens up a program for benefits, it must not place religious individuals or organizations at a disadvantage,” explained Richard Garnett, a professor at Notre Dame Law School who oversees the institution’s Program on Church, State and Society.
Establishing a Catholic Charter School
Since 1999, Oklahoma has allowed charter schools within its public education framework, requiring them to be “nonsectarian in their programs and operations,” a standard shared by 44 other states and the federal charter school system. Currently, the state hosts approximately 30 charter schools, educating over 50,000 students and receiving around $314 million from state funds and $69 million in federal support for the 2022-2023 academic year, as per a 2023 report by the Oklahoma State Department of Education.
In January 2023, the Archdiocese of Oklahoma City and the Diocese of Tulsa created the St. Isidore of Seville Virtual Charter School Inc. to launch and manage the school, which intends to integrate Catholic teachings throughout its curriculum. By May, St. Isidore applied to the Oklahoma Statewide Charter School Board to operate as a virtual charter school, estimating an initial enrollment of 500 students and projecting state funding of roughly $2.7 million for its first operational year, according to court filings.
As the board prepared to vote, Attorney General Drummond cautioned against endorsing St. Isidore, arguing that previous assessments supporting the initiative could lay the groundwork for taxpayer-funded religious education, which he believed directly opposed the state’s constitutional commitments.
Drummond expressed concerns that the approval of St. Isidore’s charter could lead to a “slippery slope,” potentially allowing various religious schools to emerge, including those that may conflict with the beliefs of many Oklahomans. Nevertheless, the charter school board approved St. Isidore’s application by a 3-2 vote, and by October 2023, it had entered into a contractual agreement to operate as a charter school.
Consequently, Drummond initiated legal action in the Oklahoma Supreme Court, seeking to nullify the charter contract, which he argued was unlawful due to its violation of the state requirement for charter schools to remain nonreligious, as well as the First Amendment’s Establishment Clause. The court ruled against the charter school’s status, emphasizing that state funding would support religious elements within St. Isidore’s curriculum and operations.
The Oklahoma Statewide Charter School Board and St. Isidore both petitioned for the Supreme Court to review the case, which was accepted in January.
A Shift in Legal Precedent?
The Supreme Court, now holding a 6-3 conservative majority, has consistently ruled in favor of religious organizations asserting their rights against perceived discrimination in state-funded programs. Significant rulings over recent years include decisions favoring Trinity Lutheran Church Child Learning Center regarding playground resurfacing funds, and another prohibiting Montana from excluding religious schools from scholarship programs.
In submissions to the Supreme Court, Drummond made it clear that while the court has ruled that states must not exclude religious schools from scholarship programs, they are not obligated to fund religious public schools directly. He maintained that public schools must remain secular and that funding for religious education through public charter schools would breach the Establishment Clause of the First Amendment.
“The Constitution does not necessitate the establishment of religious public schools, and no rationale exists to alter that understanding now,” Drummond emphasized. He warned that a ruling favoring St. Isidore might lead to significant funding of religious charter schools, dismantling the careful separation between public funds and religious instruction.
A pivotal point in this legal battle is the designation of Oklahoma’s charter schools as public institutions. Drummond argues they qualify as public schools, subject to government oversight and regulations, while representatives of the Oklahoma Statewide Charter School Board and St. Isidore assert that St. Isidore functions as a privately operated school that, while publicly funded, maintains its religious character independently from state design.
The educational community is divided on this issue, with Garnett asserting that public funds would only be directed to St. Isidore through parental choice, while Hill warns that allowing such a flow of funds represents a fundamental break with established legal boundaries on government religious funding.
As the case proceeds, only eight Supreme Court justices will participate, as Justice Amy Coney Barrett has recused herself, potentially due to the involvement of Notre Dame’s Religious Liberty Clinic with St. Isidore. Should the Supreme Court reach a stalemate, the Oklahoma Supreme Court’s ruling will stand, impacting the future of religious charter schools across the nation. A decision is expected by late June or early July.
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