Oklahoma Court Halts Public Funding for Religious School

The Oklahoma Supreme Court has ruled against public financing of a proposed religious charter school, raising important questions about church-state separation.

Published June 26, 2024 - 00:06am

5 minutes read
United States
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The Oklahoma Supreme Court has struck down the approval of the St. Isidore of Seville Virtual Charter School, which was set to become the nation's first publicly funded religious school. This decision has resonated across political and educational circles, underscoring the ongoing debate over the separation of church and state in the United States.

The court deemed the Statewide Virtual Charter School Board's 3-2 vote, which approved the application from the Catholic Archdiocese of Oklahoma for the virtual charter school, to be unconstitutional. According to the court's ruling, this approval violated both state and federal laws.

Justice James Winchester, appointed by a former Republican governor, emphasized that under Oklahoma law, charter schools are public schools and must therefore be nonsectarian. He argued that allowing a state-sponsored religious school would lead to the funding of schools that further specific religious doctrines, creating a 'slippery slope' that contradicts the principles of the U.S. Constitution's Establishment Clause, which prohibits government endorsement of religion.

The court's decision also found that the school's mission was clearly evangelical, aiming to integrate Catholic teachings into its curriculum. This intention, combined with its reliance on state funding, was deemed incompatible with the constitutional requirement for the nonsectarian nature of public schools. The decision was backed by a 6-2 majority, with a single dissenting opinion arguing that excluding St. Isidore based on religious affiliation violated the Free Exercise Clause of the First Amendment.

The ruling has ignited significant reactions. Critics of the court's decision, such as Oklahoma Governor Kevin Stitt, argue that it sends a 'troubling message' about the role of religious organizations in the public education system. Governor Stitt, along with Superintendent Ryan Walters, had supported the school's approval, viewing it as a victory for religious liberty and educational freedom.

Conversely, Oklahoma Attorney General Gentner Drummond, who had earlier urged the court to invalidate the school's charter, welcomed the decision. He asserted that the ruling protects the foundational principle of keeping state-sponsored religion at bay, thereby safeguarding religious freedoms. Drummond pointed out that allowing the school to operate would set a precedent where various religious sects could seek public funding to support their own educational establishments, potentially leading to taxpayer-funded schools teaching Sharia Law or other doctrines not widely supported by Oklahomans.

The case has drawn national attention, partly because it touches on broader issues of educational choice and religious freedom in the United States. Supporters of the school, including faith leaders and some parents, argue that recent U.S. Supreme Court rulings have shown a greater willingness to permit the flow of public funds to religious entities. They contend that educational choice should include the option for parents to send their children to schools that align with their religious beliefs, without being hindered by public funding restrictions.

Within the legal community, the decision is seen as a critical juncture that may potentially escalate to the U.S. Supreme Court. John Meiser, representing St. Isidore, indicated that the school is considering all legal options, including a possible appeal to the highest court. Meiser believes that the decision sets a dangerous precedent of discrimination against religious entities and those they serve.

The case has broader implications for other conservative-led states, where there is a push to integrate more religious elements into public education. Some states, like Louisiana, have already mandated that public schools display the Ten Commandments in classrooms, while there is also pressure on schools in other regions to teach the Bible and restrict discussions on race, sexual orientation, and gender identity.

The National Alliance of Public Charter Schools praised the ruling, describing it as a victory for the integrity of public education. Eric Paisner, CEO of the alliance, stated that charter schools, by definition, should remain secular as they are publicly funded entities. He emphasized that charter schools must adhere to the same constitutional constraints as other public schools to prevent the erosion of church-state separation.

In contrast, Brett Farley, executive director of the Catholic Conference of Oklahoma, criticized the ruling, arguing that the state's charter school framework was loose enough to allow for the establishment of schools like St. Isidore. Farley claimed that calling all charter schools public schools was a simplification and did not account for variations in state laws governing charter schools.

Oklahoma's governor and other supporters of the school remain hopeful that the U.S. Supreme Court will eventually take up the case, which could lead to a landmark decision on the use of public funds for religious schools. They argue that denying such funding essentially treats religious organizations as second-class citizens, undermining their rights to participate in public educational initiatives.

In conclusion, the debate over St. Isidore of Seville Virtual Charter School highlights complex issues surrounding religious liberty, public funding, and educational choice in America. As the case potentially moves to the U.S. Supreme Court, it will likely continue to evoke strong opinions on both sides of the aisle, shaping the future landscape of public and religious education in the United States.

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