The U.S. Supreme Court is set to weigh a pivotal case that could determine whether a Catholic school in Oklahoma can become the nation’s first taxpayer-funded religious charter school.
The justices heard arguments on Wednesday regarding whether St. Isidore of Seville Catholic Virtual School, established in 2023 by the Archdiocese of Oklahoma City and the Diocese of Tulsa, can receive public funding despite its religious affiliation. At issue is whether the First Amendment’s principle of separating church and state prohibits charter schools with religious missions from receiving public money. The Supreme Court is expected to issue a decision by the end of June.
The case highlights the ongoing debate between protecting religious freedom and upholding the constitutional separation of church and state. Supporters of the school argue that Oklahoma already provides charter school funding to qualified institutions, and denying access to religious schools amounts to unconstitutional religious discrimination. Critics warn, however, of serious legal and constitutional consequences.
Oklahoma Attorney General Gentner Drummond contends that charter schools are essentially public institutions due to six defining characteristics: they are free, open to all, state-funded, regulated by the government, nondiscriminatory, and secular—guidelines similar to those followed by 45 other states and the federal government. According to Drummond, these features classify charter schools as public entities subject to constitutional constraints, including the prohibition on state-sponsored religion.
The Oklahoma Supreme Court ruled in 2023 that using taxpayer money to support a religious charter school violates both the state and U.S. Constitutions. The court cautioned that permitting St. Isidore to operate as a publicly funded religious school could have far-reaching implications across the country. A ruling in favor of St. Isidore, the court noted, could undermine federal charter school regulations and create confusion for millions of students nationwide.
Last year, Oklahoma’s top court ruled that allowing public funds to go to religious charter schools would violate both state and federal constitutional provisions. Rachel Laser, president of Americans United for Separation of Church and State, said that “according to our state law, charter schools are defined as public schools. That alone settles the issue.” Laser also raised additional concerns about the religious nature of the proposed school: “this school is backed by the Catholic diocese and plans to follow Catholic doctrine, including moral codes that, implicitly or explicitly, could lead to discrimination against LGBTQ students and families.”
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