Will Supreme Court Allow Nation’s First Religious Charter School?

Just in time for Catholic Schools Week, the United States Supreme Court has announced plans to review the constitutionality of a new publicly funded Catholic charter school in Oklahoma.
Oklahoma City’s “Saint Isidore of Seville” was supposed to open back in 2023, but a lawsuit has stalled its anticipated opening.
Isidore of Seville, who died in 686 A.D., has been referred to as “the last scholar of the ancient world.” In fact, back in 1997, Pope John Paull II designated Isidore as the patron saint of the internet, an acknowledgement of his significant contributions to communicating vast amounts of knowledge.
But supporters of what would be the nation’s first Christian charter school have faced resistance, including push back from inside the otherwise conservative Oklahoma government.
Gentner Drummond, the Sooner State’s attorney general, has opposed the formation of the institution, suggesting it violates the state constitution.
“The approval of any publicly funded religious school is contrary to Oklahoma law and not in the best interest of taxpayers,” Drummond has warned.
Oklahoma Governor Kevin Stitt has strongly disagreed, suggesting that to prohibit the publicly funded charter school sends a chilling and discriminatory message.
“I’m glad the U.S. Supreme Court is hearing the St. Isidore case,” he wrote last week.
“This stands to be one of the most significant religious and education freedom decisions in our lifetime. I believe our nation’s highest court will agree that denying St. Isidore’s charter based solely on its religious affiliation is flat-out unconstitutional. We’ve seen ugly religious intolerance from opponents of the education freedom movement, but I look forward to seeing our religious liberties protected both in Oklahoma and across the country.”
In crafting the school’s mission statement, organizers made clear that being a Catholic isn’t a prerequisite for admission.
Here’s St. Isidore’s founding aim:
Focus on the Family has historically championed the belief that mothers and fathers should be allowed to spend their educational tax dollars as they so wish. Whether at a faith-based school or some other private institution, no parent should be forced to fund the increasingly woke propaganda that’s masquerading these days as age-appropriate public-school curriculum.
We also believe religious organizations should be given the same rights and privileges as any other secular group.
Oklahoma’s Supreme Court voted 7-1 last year to block the school’s opening, agreeing in large part with AG Drummond’s legal reasoning.
Justice Dana Kuehn offered the lone dissent.
“Contracting with a private entity that has religious affiliations, by itself, does not establish a state religion, nor does it favor one religion over another,” Kuehn wrote.
Alliance Defending Freedom’s Chief Legal Counsel Jim Campbell cheered the High Court’s decision to accept the case.
“Oklahoma parents and children are better off with more educational choices, not fewer,” Campbell wrote. “There’s great irony in state officials who claim to be in favor of religious liberty discriminating against St. Isidore because of its Catholic beliefs.”
He added, “The U.S. Constitution protects St. Isidore’s freedom to operate according to its faith … We’re pleased the U.S. Supreme Court will hear this case, which is of the utmost import to families and children in Oklahoma and throughout the country.”
Back in 2022, the High Court ruled that Maine’s attempt to exclude religious schools from its tuition-assistance program violated the First Amendment.
Given the Supreme Court’s decision to hear arguments this winter or spring, we can expect a decision by summer.
Image from Shutterstock.
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ABOUT THE AUTHOR
Paul J. Batura is a writer and vice president of communications for Focus on the Family. He’s authored numerous books including “Chosen for Greatness: How Adoption Changes the World,” “Good Day! The Paul Harvey Story” and “Mentored by the King: Arnold Palmer's Success Lessons for Golf, Business, and Life.” Paul can be reached via email: [email protected] or Twitter @PaulBatura
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