Charting a new course for educational freedom at US Supreme Court

WASHINGTON – Alliance Defending Freedom attorneys filed their opening brief with the U.S. Supreme Court Wednesday in Oklahoma Statewide Charter School Board v. Drummond. ADF attorneys representing the board asked the high court to hear this religious liberty and educational freedom case after the Oklahoma Supreme Court ruled that the board could not authorize a charter contract with St. Isidore of Seville Catholic Virtual School solely because the school is religious.

“Oklahoma parents and children are better off with more educational choices, not fewer,” said ADF Chief Legal Counsel Jim Campbell. “The U.S. Constitution protects St. Isidore’s freedom to participate in Oklahoma’s charter-school program, and it supports the board’s decision to provide more educational options for Oklahoma families. The Supreme Court has been clear that when the government creates programs and invites groups to participate, it can’t single out religious groups for exclusion.”

“Everyone should want more high-quality, no-cost education options for families, which is exactly what Oklahoma’s Statewide Charter School Board is providing,” Campbell added. “Excluding faith-based groups like St. Isidore undermines that goal and hurts the families that desperately want and need those options.”

ADF attorneys defended the board against a lawsuit Oklahoma Attorney General Gentner Drummond filed in the Oklahoma Supreme Court to cancel the board’s charter contract with St. Isidore. The state supreme court’s ruling in that lawsuit is what the U.S. Supreme Court will review. The high court has repeatedly held that when a state creates a generally available public program and invites groups to apply, it cannot exclude applicants solely because of their religious character. Yet that is precisely what the Oklahoma Supreme Court directed in its decision.

“As to charter schools, Oklahoma’s program invites diverse applicants, subjects them to less regulation, and empowers them to innovate and expand options,” the opening brief states. “The project is succeeding: Okla­homa’s charter-school students are thriving. But the decision below removes options and—by subjecting the schools to more regula­tion and liability—jeopardizes the entire program.”

The brief further explains how the lower court’s ruling would severely limit religious organizations’ ability to serve their communities. “Faith-based groups often provide vital public services in which they partner with the government or are subject to government regulation. Yet under the decision below, many of these organizations would be deemed state actors disqualified from providing broad-ranging social services—including foster care, adoption services, medical care, homeless shelters, and other aid to disadvantaged communities,” the brief states.

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

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