April 30, 2025

Overview

On April 30, 2025, the U.S. Supreme Court heard arguments in a case that could redefine the boundaries between church and state in American education. The case, Oklahoma Statewide Charter School Board v. Drummond, centers on whether Oklahoma can use taxpayer funds to establish St. Isidore of Seville Catholic Virtual School, a religious charter school. The outcome could reshape public education, influence school choice movements, and impact how states balance constitutional protections with public funding, potentially affecting millions of students and families nationwide.

Facts

• In 2023, the Oklahoma Statewide Virtual Charter School Board voted 3-2 to approve St. Isidore of Seville Catholic Virtual School, a virtual charter school operated by the Catholic Archdiocese of Oklahoma City and the Diocese of Tulsa.
• Oklahoma’s Attorney General, Gentner Drummond, filed a lawsuit to block the school, arguing it violates the First Amendment’s Establishment Clause and state laws requiring charter schools to be nonsectarian.
• In June 2024, the Oklahoma Supreme Court ruled 8-1 that the school’s approval was unconstitutional, citing both state and U.S. constitutional provisions.
• The U.S. Supreme Court granted certiorari to review the case.
• Justice Amy Coney Barrett recused herself from the case, leaving eight justices to decide.

Perspectives

• Oklahoma Statewide Charter School Board: Argues that charter schools are not state actors but private entities contracting with the government, akin to the precedent in Rendell-Baker v. Kohn (1982). They assert that excluding religious schools from charter programs violates the Free Exercise Clause, discriminating against religious groups and limiting educational options for lower-income families.
• St. Isidore of Seville Catholic Virtual School: Contends that the school provides a voluntary educational choice, not a state-imposed religious institution. They argue that denying funding due to their religious character infringes on constitutional protections, citing recent Supreme Court rulings allowing public funds for religious schools through parental choice.
• Oklahoma Attorney General Gentner Drummond: Maintains that funding a religious charter school constitutes state-sponsored religious indoctrination, violating the Establishment Clause and Oklahoma law. Drummond warns that approval could lead to taxpayer-funded schools promoting diverse or controversial ideologies, destabilizing public education systems.
• Notre Dame Law School’s Religious Liberty Clinic: Supports St. Isidore, arguing that barring religious charter schools amounts to anti-religious discrimination. They emphasize that equal treatment of religious and secular schools aligns with recent Supreme Court precedents.

Considerations

• The case highlights the evolving interpretation of the First Amendment.
• A ruling in favor of St. Isidore could lead to an increase in religious charter schools nationwide, potentially serving nearly 3.9 million charter school students.
• The designation of charter schools as public or private entities will influence how states regulate their curricula and operations.
• Approval of religious charter schools may strain public education budgets, as funds are diverted to institutions with varying accountability standards.
• The case intersects with the school choice movement, which advocates for parental control over education funding, potentially amplifying debates over equity and access.
• A decision could set a precedent affecting other faith-based organizations partnering with governments, such as those in foster care or homeless services.
• The absence of Justice Barrett increases the likelihood of a 4-4 tie, which would uphold the Oklahoma Supreme Court’s ruling without setting a national precedent.

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