U.S. Supreme Court to hear Oklahoma Catholic charter school case

CNA Staff, Jan 24, 2025 / 18:50 pm

The U.S. Supreme Court on Friday agreed to consider an appeal to approve the nation’s first publicly funded religious charter school, a case that could have weighty implications for religious freedom and school choice in the nation.

The justices said they will hear an appeal over the proposed St. Isidore of Seville Catholic Virtual School, a Catholic charter school managed by the Archdiocese of Oklahoma City and the Diocese of Tulsa and Eastern Oklahoma.

St. Isidore and Oklahoma’s charter school board both filed separate petitions in October 2024, citing the First Amendment and legal precedent, after the Oklahoma Supreme Court ruled against the school’s establishment on the basis of freedom of religion and ordered the school board to rescind the contract.

The court order indicated that Justice Amy Coney Barrett — an appointee of President Donald Trump and a Catholic — recused herself without providing an explanation.

The Oklahoma school board is represented by Alliance Defending Freedom (ADF), a legal nonprofit that defends First Amendment rights, while St. Isidore is represented by the Lindsay and Matt Moroun Religious Liberty Clinic of Notre Dame Law School, a teaching law practice that trains Notre Dame law students.

“The Supreme Court’s decision to hear this case underscores the critical rights at stake for educators of all faiths and families across Oklahoma,” said Elyse Paul, a spokesperson for the Religious Liberty Clinic. “We are proud to continue working to ensure that St. Isidore may fulfill its mission to serve children and communities in need by bringing new educational opportunities to all families in Oklahoma.”

The Archdiocese of Oklahoma City welcomed the U.S. Supreme Court’s decision.

“St. Isidore and the Archdiocese of Oklahoma City and the Diocese of Tulsa and Eastern Oklahoma are grateful the U.S. Supreme Court has taken on this religious liberty case,” archdiocesan spokesman John Helsley told CNA.

“We look forward to the opportunity to present the case in the highest court in the land, with the hope we can soon provide a premium, virtual Catholic education to Oklahoma families,” Helsley said. 

Opponents of the Catholic charter school argue that its establishment would go against the separation of church and state to have public funding for a religious school.

Oklahoma Attorney General Gentner Drummond, a Republican, opposed the launch of the religious charter school, calling it “a serious threat to the religious liberty of all Oklahomans.”

“The office of the attorney general looks forward to presenting our arguments before the Supreme Court,” Phil Bacharach of the Oklahoma office of the attorney general told CNA on Friday. 

But proponents argue that it is discriminatory to bar a charter school organization because of its religious nature. 

“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,” said ADF Chief Legal Counsel Jim Campbell in a Friday statement.

“The U.S. Constitution protects St. Isidore’s freedom to operate according to its faith and supports the board’s decision to approve such learning options for Oklahoma families. 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,” Campbell continued.

St. Isidore’s was set to open for the 2024-2025 school year with more than 200 applications after Oklahoma’s charter school board approved it in 2023. The school was forced to delay its opening following the Oklahoma Supreme Court’s ruling against the charter school.

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“Oklahoma parents and children are better off with more educational choices, not fewer,” Campbell said.

The case will likely be argued in late April and decided by early summer.