CV NEWS FEED // A coalition of states, religious organizations, and education advocates is urging the U.S. Supreme Court to uphold the right of St. Isidore of Seville Catholic Virtual School to participate in Oklahoma’s charter school program.
The support comes as the court prepares to review whether a state can exclude a religious school from a publicly funded charter-school program.
In a series of friend-of-the-court briefs, 12 states, the U.S. Solicitor General’s Office, and several charter school groups argued that religious institutions cannot be barred from public programs based solely on their faith, Alliance Defending Freedom (ADF) reported.
“A State may not put schools, parents, or students to the choice of forgoing religious exercise or forgoing government funds,” the Solicitor General’s Office stated. “But that is precisely what Oklahoma did here.”
Approved in 2023 as the nation’s first religious charter school, St. Isidore quickly faced legal opposition from Oklahoma Attorney General Gentner Drummond, who argued that public funding for a Catholic school violated constitutional provisions.
In June 2024, the Oklahoma Supreme Court ruled against St. Isidore, declaring that charter schools must remain nonsectarian. However, the state’s charter school board refused to void its contract with the school, prompting ADF to take the case to the U.S. Supreme Court.
ADF attorneys filed their opening brief earlier this month, CatholicVote reported, arguing that the Oklahoma ruling contradicts Supreme Court precedent, which has established that states cannot exclude religious institutions from generally available public programs because of their faith.
EdChoice, a national leader in school choice advocacy, noted that allowing religious charter schools would provide more educational opportunities for students. A coalition of charter school groups, led by Great Hearts Academy, warned that the Oklahoma ruling could hinder educational freedom nationwide.
Additionally, a group of 12 states, led by South Carolina, argued that barring religious organizations from charter programs would limit parents’ educational options and restrict students’ ability to thrive in diverse learning environments.
The high court is set to hear oral arguments April 30, CatholicVote reported.
ADF Chief Legal Counsel Jim Campbell stressed that the U.S. Constitution guarantees St. Isidore’s right to be part of Oklahoma’s charter-school program.
“As this broad coalition argued,” he said, “the government can’t invite a vast array of groups to participate in its charter-school program while singling out religious groups for exclusion.”