The U.S. Supreme Court will hear arguments on Wednesday in the case of a Catholic charter school in Oklahoma that is seeking the support of public funds.
St. Isidore of Seville Catholic Virtual School would be the nation’s first religious charter school, setting a precedent sure to be capitalized on by other religious institutions. Both the Oklahoma Supreme Court and Oklahoma Attorney General Gentner Drummond, a Republican, have argued funding the school is unconstitutional.
Oklahoma Gov. Gov. Kevin Stitt, also a Republican, argues the First Amendment allows funding for the school.
For Wednesday’s Supreme Court hearing, the St. Isidore case has been consolidated with the Oklahoma Statewide Charter School Board, another similar case.
Sens. James Lankford, R-Okla., Josh Hawley, R-Mo., Kevin Cramer, R-N.D., Ted Budd, R-N.C., and Ted Cruz, R-Texas, filed an amicus brief to the U.S. Supreme Court supporting the school In the brief, the Republican senators flipped Drummond’s First Amendment argument on the attorney general, arguing Oklahoma violated the First Amendment by denying St. Isidore a charter because it’s a religious school.
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“It’s no secret that parents want to educate their children in line with their values. And a public good shouldn’t be denied to anyone based on their religion. The outcome of this case will be revolutionary for religious liberty and education freedom, and Oklahoma is at the forefront,” Stitt’s office said in a statement.
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The Oklahoma Statewide Virtual Charter School Board approved St. Isidore’s contract request in June 2023, allowing them to receive public funds. Lawsuits soon brought the case up to the Oklahoma Supreme Court, which ruled against the school last year.
The Supreme Court is now reviewing that ruling by Oklahoma’s highest court, which found that funding the school violated the Establishment Clause of the First Amendment, which prohibits the government from making any law “respecting an establishment of religion.”
“Charter schools no doubt offer important educational innovations, but they bear all the classic indicia of public schools,” Drummond argued in SCOTUS filing.
Advocates of the school point to the Free Exercise clause, which has been used in recent Supreme Court rulings to defend public funding going to religious institutions.
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“A State need not subsidize private education,” Chief Justice John Roberts wrote in Espinoza v. Montana Department of Revenue in 2020. “But once a State decides to do so, it cannot disqualify some private schools solely because they are religious.”
The amicus brief from GOP lawmakers made a similar argument, claiming the Oklahoma Supreme Court’s ruling was ill-considered.
“Upholding the Oklahoma Charter Schools Act with the included exclusion of religious organizations would set a dangerous precedent, signaling that religious organizations are not welcome in public projects. This would not only violate the First Amendment, but it would also deprive society of the valuable contributions that these organizations make,” the Republican senators wrote.
Fox News’ Deirdre Heavey contributed to this report
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