Supreme Court sets date to hear case on St. Isidore; First publicly-funded religious charter school

The United States Supreme Court has scheduled a hearing for April 30 in a case concerning the nation's first publicly funded religious charter schools.

Last summer, Oklahoma's highest court ruled against St. Isidore of Seville Catholic Charter School, stating that it would violate the First Amendment. However, the Catholic diocese and Gov. Kevin Stitt contend that not allowing the charter would infringe on their religious freedoms.

When Will SCOTUS Hear The St. Isidore Case?

April 30, 2025.

Why Was St. Isidore Ruled Unconstitutional By The Oklahoma Supreme Court?

Separation of Church and State:

The Oklahoma Constitution prohibits public funding benefitting religious institutions, and charter schools are considered public entities. (Article II-Bill of Rights, Section II-5)

The Supreme Court's conclusion:

"Under Oklahoma law, a charter school is a public school. As such, a charter school must be nonsectarian. However, St. Isidore will evangelize the Catholic faith as part of its school curriculum while sponsored by the State. This State's establishment of a religious charter school violates Oklahoma statutes, the Oklahoma Constitution, and the Establishment Clause. St. Isidore cannot justify its creation by invoking Free Exercise rights as a religious entity. St. Isidore came into existence through its charter with the State and will function as a component of the State's public school system. This case turns on the State's contracted-for religious teachings and activities through a new public charter school, not the State's exclusion of a religious entity. The Court grants the extraordinary and declaratory relief sought by the State. The St. Isidore Contract violates state and federal law and is unconstitutional. By writ of mandamus, we direct the Charter School Board to rescind its contract with St. Isidore. Any petition for rehearing regarding this matter shall be filed within ten (10) days of the date of this opinion."

Legal Precedent:

Oklahoma Attorney General Gentner Drummond argued that if St. Isidore is allowed, other religious groups could demand publicly funded schools, creating legal and financial challenges.

Drummond made the following remarks on last June after the state Supreme Court's ruling:

“This decision is a tremendous victory for religious liberty. The framers of the U.S. Constitution and those who drafted Oklahoma’s Constitution clearly understood how best to protect religious freedom: by preventing the State from sponsoring any religion at all. Now Oklahomans can be assured that our tax dollars will not fund the teachings of Sharia Law or even Satanism. While I understand that the Governor and other politicians are disappointed with this outcome, I hope that the people of Oklahoma can rejoice that they will not be compelled to fund radical religious schools that violate their faith.”

Potential Federal Consequences:

The U.S. Department of Education could withhold funding from Oklahoma if it determines that taxpayer money is being used for religious instruction.

Oklahoma Religious Charter School St. Isidore Timeline

June 2023: Approval of St. Isidore Catholic Charter School

The Oklahoma Statewide Virtual Charter School Board approved St. Isidore of Seville Catholic Virtual School, making it the first taxpayer-funded religious charter school in the nation. The decision was mixed with three of five board members voting in favor despite concerns about constitutionality.

October 2023: Attorney General Challenges Legality of a Publicly Funded Religious Charter School

Oklahoma Attorney General Gentner Drummond filed a lawsuit against the approval of St. Isidore, arguing it violates the state and U.S. constitutions. His lawsuit sought a Supreme Court ruling to block the contract and force the board to cancel the school’s approval.

October 2023: Political Divide Over Religious Charter Schools

Gov. Kevin Stitt and State Superintendent Ryan Walters supported the school, calling it a victory for religious freedom and school choice

Stitt dismissed Drummond’s lawsuit, while Drummond warned that allowing one religious charter school could set a precedent requiring the state to fund all religious schools, including those with extreme ideologies.

In November 2023, State Superintendent Ryan Walters attempted to intervene in the lawsuit but was denied by the Oklahoma Supreme Court. Walters argued that the Oklahoma State Department of Education (OSDE) should have been part of the case since it would oversee and fund St. Isidore.

However, the court ruled that Walters had no legal standing in the matter.

June 25, 2024: Supreme Court Rules St. Isidore Unconstitutional

The Oklahoma Supreme Court ruled in that the school's approval was unconstitutional and ordered the Statewide Virtual Charter School Board to rescind its contract with St. Isidore.

August 2024: Contract Canceled

On August 12, 2024, the Statewide Virtual Charter School Board unanimously canceled St. Isidore’s contract following the Supreme Court ruling. However, the board included a contingency, stating that if the U.S. Supreme Court intervenes and overrules the Oklahoma Supreme Court, the contract would be automatically reinstated.

January 2025: United States Supreme Court Agrees To Hear St. Isidore Case

The Supreme Court agreed to take on the case in January and review the Oklahoma Supreme Court decision.

In February, a hearing was set for April 30.

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