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The U.S. Supreme Court is set to hear arguments regarding the St. Isidore of Seville Catholic Virtual School, a charter school in Oklahoma seeking public funding. This landmark case could potentially set a significant precedent concerning the relationship between public funds and religious education.
This case marks a historic attempt to establish the first religious charter school in the United States, positioning Oklahoma at the forefront of a heated national debate over educational freedom and religious liberty. The school’s push for financial support has garnered considerable attention, as it could pave the way for other religious institutions to pursue similar funding opportunities.
The legal landscape surrounding this case is complex. Both the Oklahoma Supreme Court and Oklahoma Attorney General Gentner Drummond, a Republican, contend that providing public funds to a religious charter school runs contrary to the state constitution. They argue that such funding would violate principles of separation between church and state.
In contrast, Oklahoma Governor Kevin Stitt supports the school’s funding argument, citing the First Amendment’s promise of religious freedom as a justification for allowing public financial support for the charter school.
This hearing combines the St. Isidore case with another ongoing dispute involving the Oklahoma Statewide Charter School Board, enhancing the overall legal scrutiny of charter school funding and its implications for religious organizations.
Several Republican senators have taken an active interest in this case, filing an amicus brief in support of St. Isidore. Senators James Lankford, Josh Hawley, Kevin Cramer, Ted Budd, and Ted Cruz argue that denying the school a charter simply because it is religious discriminates against the First Amendment rights of its stakeholders. Their brief contends that the state has, in effect, violated religious liberties by opposing the charter school due to its religious affiliation.
Opponents of St. Isidore’s bid, including the National Alliance for Public Charter Schools, have voiced strong objections. They assert that allowing a religious charter school could radically alter the definition of charter schools, classifying them as private entities and raising concerns about the distribution of public funds.
The organization’s president, Starlee Coleman, declared in a statement that the Supreme Court ought to uphold decades of legal precedent that classify charter schools as public institutions. Coleman emphasized that recognition of a religious charter school could jeopardize public funding and school choice for countless families across the nation.
The Oklahoma Statewide Virtual Charter School Board approved the contract request for St. Isidore in June 2023, allowing the school to begin receiving public funds. Following this, legal challenges led the case before the Oklahoma Supreme Court, which ruled against the school, citing issues related to the Establishment Clause of the First Amendment. This clause prohibits the government from enacting any law that favors one religion over another or from endorsing a particular religious doctrine.
In a filing with the Supreme Court, Oklahoma Attorney General Drummond argued that charter schools embody the characteristics of public institutions and should adhere to pre-established legal and constitutional frameworks. His argument emphasized that public funding should not support religious enterprises.
Conversely, proponents of St. Isidore’s initiative argue for greater recognition of the Free Exercise clause. This argument has gained traction in recent Supreme Court rulings, framing public funding for religious schools as a fundamental right.
Previous rulings, notably Chief Justice John Roberts’ opinion in the 2020 case Espinoza v. Montana Department of Revenue, provide a backdrop for this case. Roberts asserted that states are not required to finance private education, but once they choose to do so, they cannot exclude religious schools from benefitting.
The amicus brief submitted by GOP lawmakers reiterated this point, suggesting that the Oklahoma Supreme Court’s decision unfairly marginalized religious organizations in the public sphere, a move that could set a dangerous precedent.
Several representatives have expressed concerns that the ruling against St. Isidore would indicate a wider refusal to include religious organizations in public projects. Such exclusion does not just conflict with First Amendment rights; it could also deny society the benefits of diverse educational contributions from religious institutions.
This case stands as a crucial moment in the ongoing debate surrounding education and religious freedoms in the United States. Advocates for school choice and educational liberty view this situation as emblematic of their broader goals, while opponents highlight the potential risks involved in blurring the lines between secular education and religious influence.
The Supreme Court’s upcoming deliberation promises to have lasting implications not only for St. Isidore but also for the future of charter schools and religious schools across the nation.
Fox News’ Deirdre Heavey contributed to this report.