The Oklahoma Supreme Court has declared unconstitutional a decision by the Statewide Virtual Charter School Board to grant a charter school license to a sectarian Catholic school.
St. Isidore of Seville Catholic Virtual School would have been the nation’s first sectarian charter school supported with taxpayer dollars. The action was advanced in June 2023 by a former far-right Republican official against the wishes of other Republican leadership in a state that is entirely run by Republicans.
“The Act does not allow a charter school to be sectarian in its programs, admissions policies, employment practices, and operations.”
“The question before this court is whether the St. Isidore contract violates state and federal law and is unconstitutional. We hold that the St. Isidore contract violates the Oklahoma Constitution, the Act, and the federal Establishment Clause,” the Supreme Court ruled June 25. Six of the nine justices concurred with the ruling, one concurred in part and dissented in part, one dissented entirely, and one recused.
“St. Isidore is a public charter school. The Act does not allow a charter school to be sectarian in its programs, admissions policies, employment practices, and operations. The Act’s mandate is in line with the Oklahoma Constitution and the Establishment Clause, which both prohibit the state from using public money for the establishment of a religious institution. St. Isidore’s educational philosophy is to establish and operate the school as a Catholic school. Under both state and federal law, the state is not authorized to establish or fund St. Isidore.”
Americans United for Separation of Church and State, the American Civil Liberties Union, Education Law Center, and Freedom from Religion Foundation applauded the state Supreme Court’s decision. The organizations are part of a separate lawsuit to stop Oklahoma from funding the Catholic school.
“The Oklahoma Supreme Court’s decision safeguards schools are public schools that must be secular and serve all students,” the group said in a statement. “St. Isidore of Seville Catholic Virtual School, which plans to discriminate against students, families and staff and indoctrinate students into one religion, cannot operate as a public charter school. We will continue our efforts to protect public education and religious freedom, including the separation of church and state.”
Genter Drummond
Today’s high court ruling was in response to a petition made by Oklahoma Attorney General Genter Drummond.
“This decision is a tremendous victory for religious liberty,” he said. “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.”
Catholic leaders in the state took an opposite view.
Archbishop Paul Coakley
Paul Coakley, archbishop of Oklahoma City, and David Konderla, bishop of Tulsa, issued a joint statement: “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.”
Misty G. Smith, principal of the proposed virtual school, called the high court’s decision a mistake.
“Today’s decision is a setback for Oklahoma K-12 students and to the ideal of free choice and open opportunity in education,” she said. “I, however, will not give up hope that the court’s error may be corrected and that St. Isidore will help open the path toward a future where the needs of all Oklahoma students and families are fulfilled, regardless of their background, income or beliefs.”
The other lawsuit to stop taxpayer funds from supporting sectarian education in Oklahoma was filed by nine individuals and one organization. Plaintiffs in OKPLAC, Inc. v. Statewide Virtual Charter School Board include two well-known Baptists: Mitch Randall, leader of Good Faith Media, and Bruce Prescott, longtime leader of Mainstream Oklahoma Baptists.
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