Supreme Court hears potential landmark religious charter school case: What it could mean for Oklahoma

The U.S. Supreme Court heard the case for and against the first publicly funded religious charter school on Wednesday.

Oklahoma Statewide Charter School Board v. Gentner Drummond, Attorney General of Oklahoma, could impact how religious schools are funded across the country for years.

Previous Coverage: Oklahoma Religious Charter School Supreme Court Case

The Justices probed both sides of the case, asking several questions in regards to religious freedom, the Establishment Clause, government contracting, and what distinguishes public schools from charter schools.

Petitioners for the school argued that it's unconstitutional to exclude religious groups from Oklahoma’s charter school program while allowing other private organizations to take part.

The State of Oklahoma and the Attorney General's Office contend that charter schools operate as government entities. That means they must follow the same rules as public schools, including remaining nonsectarian, in order to avoid violating the Constitution’s Establishment Clause.

Arguments lasted a little over two hours, ending just before 11:20 a.m., with a full transcript posted online & Audio Recording

The court's decision is expected on June 25, 2024

First School of its Kind

Oklahoma's St. Isidore of Seville Catholic Virtual School hopes to be the nation's first publicly funded religious charter school, but with a Catholic-based curriculum.

State Superintendent Ryan Walters has pushed for the school for years, arguing that it represents religious liberty.

"I think it would be a tremendous victory for religious freedom but also for school choice," said Oklahoma State Superintendent Ryan Walters. 

Related Story: Former Oklahoma House Speaker defends religious charter school in wake of Supreme Court hearing

Walters appeared on Fox News, Wednesday to echo the points of the Charter School Board's representation. Walters believes that the state can not reject St. Isidore's application to be a state-funded school based on their religious nature.

The Oklahoma Supreme Court ruled last June that a charter school is a public school, meaning it must be nonsectarian under Oklahoma law.

6/25/2024: 'Unconstitutional:' Oklahoma Supreme Court's Ruling On St. Isidore

Oklahoma Gov. Kevin Stitt has supported the creation of St. Isidore from the beginning. He is in D.C. on Wednesday to hear the arguments.

Drummond's Lawsuit

Oklahoma’s charter school board approved the proposal, but the state’s Attorney General Gentner Drummond filed a lawsuit against it, saying it violates the separation of church and state.

“This could not be clearer, our Constitution and our statutes say public schools shall be open and free to all and free from sectarian influence. That's what we have. That's what I'm defending,” he said. 

1. The Oklahoma Constitution prohibits public funding benefiting religious institutions, and the Attorney General's office points to Oklahoma law, which states that charter schools are considered public entities. (Article II-Bill of Rights, Section II-5)

Related Story 6/5/2023: Oklahoma Board Approves 1st Religious Charter School In U.S. With 3-2 Vote

Supreme Court Hearing

The Oklahoma Supreme Court agreed with Drummond. Now, the nation’s highest court will have a say, and the decision could set a new standard for how public education and religion mix across the country.

"Oklahoma is leading in education reform, we are leading and turning our education system around, and this will continue to make us that leader, and you'll see other states follow suit - I think it's tremendous for the entire country," said Walters.

Oral arguments are scheduled for Wednesday morning at 9 a.m. CST. A decision likely won’t be made until sometime in the summer. 

What It Could Mean For Oklahoma

If the Supreme Court rules in favor of the Oklahoma Statewide Charter School Board and St. Isidore, it could open the door for more state-funded religious charter schools, not just in Oklahoma but across the country.

While St. Ididore is a Catholic based school, Attorney General Gentner Drummond has argued that the state would be legally obligated to allow charter schools of any religious background to be created and apply for state funding through the charter school board.

All of those schools would receive taxpayer money would still be subject to state law regarding curriculum and accreditation, unlike private schools. How this would integrate with the intent of those institutions to also teach religious material is unclear.

Parent, Faith leader, and Advocate Response

Parents, faith leaders, and public school advocates rallied in Tulsa with a shared message: Public dollars don't belong in religious classrooms.

Many critics, like Erika Wright of the Oklahoma Rural Schools Coalition, say they fully support the separation of church and state, but now that line is being crossed.

“My kids go to school Monday through Friday, and my expectation as a parent is that when they’re there, they’re focused on learning math and reading… Monday through Friday school is not Sunday school,” Wright said.

Wright also believes that St. Isidore would be unconstitutional and threaten public school funding.

"The pot of money that is currently funding our brick-and-mortar traditional public schools, those pieces will continue to get smaller and smaller," Wright said.

Tulsa parents like Leslie Briggs say it's not about being anti-religious but about keeping public education secular, inclusive, and fairly funded.

"There are plenty of catholic schools. They've worked for decades," Briggs said. "So to suddenly decide they need to be fully funded by the government is a new and unusual and dangerous approach."

Among those in opposition is Oklahoma Attorney General Gentner Drummond, who filed the original lawsuit in 2023.

More Stories About St. Isidore

4/30/2025: Oklahoma's St. Isidore Catholic Charter case could set national precedent for faith-based public education

4/29/2025: Oklahoma’s State-Funded Religious Charter School St. Isidore

4/7/2025: Oklahoma faith leaders, parents urge U.S. Supreme Court to block religious charter school

4/3/2025: U.S. Supreme Court to weigh in on Oklahoma religious charter school

3/31/2025: Oklahoma's proposed state-funded Catholic school violates U.S. Constitution, says A.G. Drummond

3/31/2025: What's in Governor Stitt's executive order defending religious liberty in Oklahoma

3/31/2025: Oklahoma religious charter school receives support from Gov. Stitt, dozens more

2/24/2025: US Supreme Court sets date to hear case on St. Isidore; First publicly-funded religious charter school