Why a Virtual Catholic School Is No Threat to Religious Liberty

The Statewide Virtual Charter School Board’s recent vote approving St. Isidore of Seville Catholic Virtual School was rooted in two ideas: a state’s constitutional duty to treat religious groups fairly, and the benefits of new educational opportunities for parents seeking alternatives to traditional district schools.

The first recognizes that discrimination based on religion is unlawful religious discrimination; the second, that one-size-fits-all solutions in education do not work.

Members of the board volunteer because we care about the quality of the education kids receive in Oklahoma. Reasonable people of good faith can respectfully and passionately disagree — especially on complex matters of constitutional law. Unfortunately, passions from both sides in these discussions have moved beyond disagreement to mutual vilification. Accusations and false narratives rule the day.

The state’s attorney general has filed a lawsuit against us in the Oklahoma Supreme Court, saying our vote violated our oath of office. In fact, it’s our commitment to that oath that wouldn’t allow us to discriminate against a Catholic applicant (a religious minority), simply because they are Catholic.

Still, our attorney general sees our vote as an existential threat to religious liberty. It’s not, for several reasons.

One, in opening up charter school grants to other private organizations, the state inevitably opened those grants to religious groups, as well. The U.S. Supreme Court, in cases like Trinity Lutheran Church of Columbia v. Comer, has repeatedly affirmed that offering government support to secular groups but not to religious ones is unconstitutional. If Oklahoma did not want to fund religious charter schools, the only legal public policy solution would be to stop funding all charter schools.

Two, no student is being forced to attend St. Isidore any more than they’re being compelled to attend any charter school. For families, this school is another option, not an ultimatum. No one’s being required to convert to Catholicism, and, again, any other group — whether religious or secular — is equally welcome to develop a charter school grounded on its own principles.

Three, while these charter schools are labeled “public” institutions because they’re sponsored by the state, they are, in fact, operated privately — and the U.S. Supreme Court has determined that to be a crucial difference. No public school teachers are being urged to spout religious views and doctrine; no children are being forced to embrace the faith. There’s no violation of the Establishment Clause of the First Amendment.

Freedom to choose is the hallmark of liberty. Not every family wants a faith-based education for its children. Families that do should have that option, as surely as families who want a stronger arts or science curriculum for their kids should be able to send them to a school that provides such programs.

Traditional brick-and-mortar, district-based schools are the core of our educational system. We believe our state should continue the funding improvements made over the last several years, so that schools of all types can flourish ― ensuring that our state’s diverse learning needs are met. By law, charter schools are not allowed to charge tuition, making them excellent alternatives for those who cannot afford a private school education.

Hateful rhetoric aimed at other religious minorities opening charter schools is nothing more than fearmongering. Across America, religious groups already receive government money to accomplish public good — through hospitals, nonprofits and higher education. Engagement by faith-based groups makes for a stronger and more pluralistic Oklahoma. These groups should be encouraged, not vilified, for trying to improve educational opportunities.

For us, our focus remains on creating better opportunities and more choices for families so that all children have access to a high-quality educational experience here in Oklahoma.