In the state of Oklahoma, private organizations may operate virtual charter schools. Such schools are overseen by a board established by the state legislature, the Statewide Charter School Board.
One of the board’s responsibilities is to approve or deny charter school applications. In 2023, the board exercised its authority to approve the application for St. Isidore of Seville Catholic Virtual School, the nation’s first religious virtual charter school. But just weeks after the board approved St. Isidore’s application, an activist group sued the board in an effort to prevent a religious entity from opening a charter school. Months later, the board was sued again.
Alliance Defending Freedom is defending the board in both cases. The second of the lawsuits, filed by Oklahoma Attorney General Gentner Drummond, will be heard by the U.S. Supreme Court this year. (Read more about that case.) The first lawsuit, brought by a local activist group, is the subject of this article.
Charter schools and the Constitution
The First Amendment states, in part, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” While opponents of religion often focus on the first clause of that amendment, they sometimes overlook the second. And they completely overlook the many ways in which the Founders intended both clauses to work together to protect religion.
One implication of the Free Exercise Clause of the First Amendment is that the government cannot treat religious people worse than it treats everyone else. For example, the government cannot exclude otherwise qualified religious organizations from generally available public benefits. In the landmark Supreme Court decision Trinity Lutheran Church of Columbia v. Comer—won by Alliance Defending Freedom in 2017—the Court ruled that such discrimination is “odious to our Constitution.”
In Oklahoma, the Charter Schools Act allows private entities like a “private college or university, private person, or private organization” to contract with a public sponsor and operate charter schools in the state. Although the act requires charter schools to be non-religious, the Free Exercise Clause requires that religious entities have the same ability to operate charter schools as non-religious entities do.
Observing the requirements of the Free Exercise Clause, Oklahoma’s Statewide Charter School Board approved an application from the Archdiocese of Oklahoma City and the Diocese of Tulsa to establish the St. Isidore of Seville Catholic Virtual School.
Activist group sues the board
A local group called the Oklahoma Parent Legislative Action Committee (OKPLAC) and others filed a lawsuit against the board in July 2023. OKPLAC is an activist organization that has historically advocated against giving parents more choices about where to send their children to school.
OKPLAC accuses the board of violating Oklahoma law when it approved St. Isidore, citing the portion of the Charter Schools Act that says charter schools must be “nonsectarian.” But the board members took an oath to uphold the U.S. Constitution, and the U.S. Supreme Court has repeatedly held that religious groups cannot be excluded from generally available programs solely because of their religious character.
The board correctly concluded that enforcing the requirement for charter schools to be “nonsectarian” would be unconstitutional, so Alliance Defending Freedom is defending the board in court.
Does this case have to do with establishing a state religion?
No. Opponents of religion in schools have long suggested that any time the government directs taxpayer dollars to a religious institution, it amounts to the establishment of religion and therefore violates the First Amendment. But that assertion is false.
The government is required by the First Amendment to treat religious and non-religious organizations equally. By approving St. Isidore’s application, the charter school board is simply treating this Catholic charter school the same as any non-religious charter school—not providing any extra benefits. Indeed, the board’s position is that schools of any religious affiliation must be free to apply for approval.
The board has an obligation to treat all charter school applicants fairly whether they are secular or religious. To do otherwise would violate the First Amendment’s Free Exercise Clause.
Does St. Isidore accept non-Catholic students?
Yes. The Board approved St. Isidore to become a virtual charter school after reviewing the school’s application and determining that it complies with applicable state law. While St. Isidore plans to educate children from a Catholic perspective, it does not require students to be Catholic.
St. Isidore’s proposed policies clearly state that the school will be open to all students, including students of “different faiths or no faith.” If the number of applicants exceeds St. Isidore’s capacity, it will use a random lottery to determine admissions.
How will St. Isidore benefit parents and students?
Parents deserve more choices about where to educate their children, not fewer. Different children flourish in different environments, and providing a wide variety of options allows parents to ensure their children are educated in a way that they know is best for them.
People of faith should not be treated as second-class citizens. Just as non-religious parents can choose to send their children to non-religious charter schools, religious parents should be able to send their children to charter schools that align with their beliefs. And all parents should be allowed to choose schools that they know will be best for their children. Regardless of whether one agrees with St. Isidore’s religious beliefs, we can all understand that providing more education options benefits everyone.
Oklahoma Parent Legislative Action Committee v. Statewide Virtual Charter School Board
- June 2023: The Statewide Virtual Charter School Board approved St. Isidore of Seville Catholic Virtual School to become a statewide virtual charter school.
- July 2023: OKPLAC challenged the school’s approval in a lawsuit.
- September 2023: ADF attorneys filed a motion to dismiss the lawsuit.
- June 2024: A state district court partially granted ADF’s motion to dismiss OKPLAC’s case, dismissing one of the group’s claims.
