TULSA, Okla. — The nation’s eyes are on Oklahoma over the issue of separation of church and state.
In October 2023, the Oklahoma Statewide Virtual Charter School Board gave the greenlight for the nation’s first publicly-funded religious charter school, Saint Isidore of Seville Virtual Catholic Charter School, in Oklahoma City.
- Previous coverage >>> Board chairman takes another stand against nation’s first religious charter school
The same month, Oklahoma Attorney General Gentner Drummond filed a lawsuit against the board to try and stop it from being funded by the state.
Here's what Drummond had to say then:
Drummond said approval of the school violates the Oklahoma and U.S. Constitution.
Lawyers for the school board said religious groups can’t be excluded solely based on religion. Phil Sechler, representing Oklahoma SVCSB, argued Oklahoma Charter Schools should be open to allowing faith-based curriculum.
“The Supreme Court made it clear that you can’t set up a program like this and invite private organizations to participate and then say if you are religious, don’t bother,” said Sechler.
Today I argued before the Oklahoma Supreme Court regarding the Statewide Virtual Charter School Board’s approval of St. Isidore of Seville Virtual Catholic Charter School. The charter has formed a first-in-the-nation actual union of church and state. https://t.co/0ETrxOmZ4t
— Oklahoma Attorney General Gentner Drummond (@Okla_OAG) April 2, 2024
After the hearing, Drummond appeared confident in his argument that this school would be an unconstitutional public religious school.
“My sense of it is that it will be difficult for the court not to grant my request,” said Drummond.
One issue is whether approving the school violates the state and federal Establishment Clause of the First Amendment, which prohibits government from establishing a religion.
Sechler said that doesn’t apply to them because St. Isidore will stay a private entity.
“It is privately-operated, privately-owned,” said Sechler. “The state did not organize it, doesn’t own the school, doesn’t operate it.”
Drummond disagreed.
“The moment they enter into a contract with the State of Oklahoma, they become a charter school; a public entity,” Drummond said.
- Previous coverage >>> State board approves contract for nation’s first religious charter school
“There is no provision that says anything changes when you sign a contract, other than you have signed a contract,” Sechler responded.
Sechler is Senior Legal Counsel for Alliance Defending Freedom, a large group of Christian attorneys not based in Oklahoma. One justice questioned whether Oklahoma was being used as a test case for the nation. The school’s attorney said no—Drummond disagrees.
“We are best used as a test case,” he said.
Justices will issue a written decision likely before July 1 when funds are issued to schools.
Drummond said he would take the case to the U.S. Supreme Court if needed.
St. Isidore is hoping to get started this fall. During the oral arguments, one of the attorneys indicated enrollment is at roughly 200 students right now.
Stay in touch with us anytime, anywhere --
- Download our free app for Apple, Android and Kindle devices.
- Sign up for daily newsletters emailed to you
- Like us on Facebook
- Follow us on Instagram
- SUBSCRIBE on YouTube
