A charter school in Oklahoma is aiming to be the first publicly-funded religious charter school in the United States after it appealed to the U.S. Supreme Court on October 10 after lower courts ruled against it this summer.
St. Isidore of Seville Catholic Virtual School and Oklahoma’s charter school board filed separate petitions Oct. 7 with the Supreme Court after the Oklahoma Supreme Court ruled last summer that the Oklahoma Statewide Virtual Charter School Board could not authorize a charter with a Catholic school.
The court in its ruling said that extending public funding to a religious school would be a “slippery slope” that could lead to “the destruction of Oklahomans’ freedom to practice religion
without fear of governmental intervention.”
The court subsequently ordered the Oklahoma Statewide Virtual Charter School Board to rescind the school’s contract.
St. Isidore petitioned the Supreme Court to review the Oklahoma decision on the basis of Supreme Court precedent and the free exercise clause of the First Amendment on Monday. The school was represented by the Lindsay and Matt Moroun Religious Liberty Clinic of Notre Dame Law School, a teaching law practice that trains Notre Dame law students.
The Alliance Defending Freedom (ADF), a legal nonprofit that defends First Amendment rights, filed a petition the same day on behalf of the Oklahoma Statewide Virtual Charter School Board.
In the Oct. 7 petition, ADF argued that the Oklahoma Supreme Court had ruled contrary to the precedent set by the U.S. Supreme Court, which “has repeatedly struck down states’ attempts to exclude religious schools, parents, and students from publicly available benefits based solely on their religion.”
For instance, a 2022 Supreme Court ruling found that Maine couldn’t exclude religious schools from a tuition aid program because it violates the free exercise clause.
Michael Scaperlanda, chancellor of the Archdiocese of Oklahoma City and chairman of the board of St. Isidore, said that a mission of Catholic education “is to serve the whole community by building new learning opportunities so that every child can thrive in a school that suits her own needs.”
“Too many children in our state don’t have that chance,” Scaperlanda said in an Oct. 7 statement. “We want to help solve that problem by opening a school for children who find the available options unable to meet their needs and who lack the resources to consider other choices.”
Oklahoma ranked 49th in education in the U.S. in 2024, according to the Annie E. Casey Foundation, with 84 percent of its eighth graders testing “not proficient” in math and 76 percent of its fourth graders “not proficient” in reading.
“Oklahoma parents and children are better off with more choices, not fewer. There’s great irony in state officials who claim to be in favor of religious liberty discriminating against St. Isidore because of its Catholic beliefs,” ADF senior counsel Phil Sechler said in an Oct. 7 statement. “The U.S. Constitution protects St. Isidore’s freedom to operate according to its faith and supports the board’s decision to approve such learning options for Oklahoma families.”
Sechler said the case is about “bolster[ing] religious freedom across Oklahoma.”
