OKLAHOMA CITY– The U.S. Supreme Court heard oral arguments this week in what would be the nation’s first government-created, taxpayer-funded religious public charter school. Oklahoma Attorney General Gentner Drummond has defended the Oklahoma and U.S. Constitutions that prevent religious public charter schools.
“This case is ultimately about safeguarding religious liberty. Religious liberty means every citizen is free to worship as he or she sees fit. It does not mean the government should back religious indoctrination,” said Drummond. “The justices were clearly engaged. Their questions were robust and meaningful.”
Gregory Garre, a former U.S. solicitor general under President George W. Bush, argued on behalf of the Attorney General’s Office that St. Isidore of Seville Virtual Catholic Charter School is unconstitutional.
At issue, he said, is whether a public charter school is a public school. Garre noted that charter schools bear all the classic tenets of a public school. They are funded by the state, regulated by the state and can be closed by the state. If not for being established by the statutorily created Oklahoma Charter School Board, St. Isidore would not be able to exist.
In June 2023, the Statewide Virtual Charter School Board (the previous name of the board) approved a contract with St. Isidore, prompting Drummond to file suit against the board several months later. His position was reaffirmed by the Oklahoma Supreme Court in July 2024.
All eight justices posed questions to the attorneys. Justice Amy Coney Barrett was absent, having recused herself from the case. The court is expected to render a decision this summer.
