Supreme Court Catholic charter school
Pictured Friday, May 24, 2024, the U.S. Supreme Court decides questions of federal constitutional law. (Bennett Brinkman)

A proposed Catholic charter school that the Oklahoma Supreme Court struck down in June could be revived after the U.S. Supreme Court decided to take up the issue Friday. The high court set a March briefing schedule and said an hour would be allotted for oral argument.

The novel case could have vast implications for the level of religion allowed in public schools across the country. If it had been allowed to open in August as proposed, St. Isidore of Seville Catholic Virtual School would have likely been the nation’s first religious charter school.

Charter schools are public schools that can be run by private management organizations. Specific laws regarding charter schools vary by state, but Oklahoma law requires schools to be “nonsectarian.” Charter schools are typically sponsored by a governing board or university. In Oklahoma, tribal nations can also sponsor charter schools. The schools must be open to all students and are prohibited from charging tuition.

St. Isidore’s path to the U.S. Supreme Court has been winding. The Archdiocese of Oklahoma City and Diocese of Tulsa originally filed a joint application to operate a virtual charter school in February 2023. The Statewide Virtual Charter School Board approved the application in June of that year. Within months, a group of 10 plaintiffs filed a lawsuit challenging the legality of the school in Oklahoma County District Court, and Attorney General Gentner Drummond filed a petition with the Oklahoma Supreme Court asking justices to order the SVCSB to cancel its contract with the school, which it eventually did. (On July 1, 2024, the Statewide Charter School Board succeeded the SVCSB, inheriting all of its responsibilities, including the legal challenges to St. Isidore.)

St. Isidore and the SCSB both filed separate petitions with the U.S. Supreme Court asking justices to reverse the Oklahoma Supreme Court’s ruling. Numerous national groups and state attorneys general have filed more than a dozen amici briefs with the court.

Now, Drummond will again argue that a Catholic charter school would violate the First Amendment of the U.S. Constitution — this time before the U.S. Supreme Court.

“The Office of the Attorney General looks forward to presenting our arguments before the Supreme Court,” said Drummond’s director of communications, Phil Bacharach, in an email Friday.

Catholic Conference of Oklahoma executive director Brett Farley celebrated the court’s decision to hear the case. Farley was also a member of St. Isidore’s board before its contract was canceled.

“St. Isidore and the Archdiocese of Oklahoma City and Diocese of Tulsa are grateful the U.S. Supreme Court has taken on our case,” Farley said in a statement Friday. “We look forward to the opportunity to present the case to the highest court in the land, with hope we can soon provide a premium, virtual education to Oklahoma families.”

U.S. Supreme Court justices directed the petitioners — the SCSB and St. Isidore — to file their briefs on the merits of the case by March 5. Drummond will have until March 31 to file his response. In its order granting certiorari to the case, the court noted that Justice Amy Coney Barrett, a devout Catholic, “took no part in the consideration or decision of these petitions.”

The Oklahoma Parent Legislative Action Committee, one of the plaintiffs in the Oklahoma County lawsuit against the school, sent out its own statement Friday afternoon on behalf of its chairwoman, Misty Bradley.

“Along with a majority of Oklahomans, we were grateful the Oklahoma Supreme Court protected the right to religious freedom,” Bradley said. “We trust that the federal Supreme Court will do the same.”

Although not a party to the case, State Superintendent of Public Instruction Ryan Walters said in a press release Friday that supporting St. Isidore was important for school choice.

“Parental choice in education is crucial,” Walters said. “The entire country has eyes on Oklahoma to support St. Isidore and end state-sponsored atheism.”

  • Bennett Brinkman

    Bennett Brinkman became NonDoc's production editor in September 2024 after spending the previous two years as NonDoc's education reporter. He completed a reporting internship for the organization in Summer 2022 and holds a bachelor's degree in journalism from the University of Oklahoma. He is originally from Edmond.

  • Bennett Brinkman

    Bennett Brinkman became NonDoc's production editor in September 2024 after spending the previous two years as NonDoc's education reporter. He completed a reporting internship for the organization in Summer 2022 and holds a bachelor's degree in journalism from the University of Oklahoma. He is originally from Edmond.