The U.S. Supreme Court is stepping into a noteworthy legal debate regarding the establishment of the first publicly funded religious charter school in America. The Court announced on Friday its decision to review the Oklahoma Supreme Court’s ruling against the Oklahoma State Board of Education’s approval of this charter school, which is sponsored by the Catholic Church.
Set to launch in August 2023, St. Isidore of Seville Catholic Virtual School, located in Oklahoma City, faces pushback from a coalition of parents, clergy, and educational advocates. They’ve initiated legal measures aimed at halting public financing for what they claim is a violation of state regulations prohibiting charter schools from incorporating sectarian principles.
The lawsuit, led by the Oklahoma Parent Legislative Action Committee alongside nine additional plaintiffs, asserts that the charter school directly contradicts a stipulation demanding that all charter operations remain nonsectarian. This point of conflict arises despite the school not mandating Catholic enrollment; it plans to maintain biblical perspectives, particularly about sexual orientation and gender roles, in its curriculum.
Rev. Lori Walke, one of the plaintiffs, voiced her concerns, stating, “You can’t use people’s tax dollars to promote or establish religion,” emphasizing the argument against public financing for religious education.
This issue has gained more prominence following an earlier Supreme Court decision that opened the door for private schools to utilize public funds received through school voucher plans or government grants. In response, the Archdiocese of Oklahoma City sought taxpayer support for the charter school shortly after this ruling.
Initially, the Oklahoma school board rejected the school’s extensive 400-page application due to eight specific concerns. After the school addressed these points, the board granted approval in June. However, this decision sparked immediate controversy, leading to threats of further legal action.
Oklahoma’s Attorney General, Gentner Drummond, has voiced strong opposition, arguing that endorsing a publicly funded religious school would not only breach the state’s Constitution but might also provoke costly litigation. “The approval of any publicly funded religious school is contrary to Oklahoma law and not in the best interest of taxpayers,” he remarked. He further warned of a potential slippery slope, suggesting that such precedents could lead to government-funded schools promoting other religions.
In defense of the charter school, Oklahoma State Superintendent Ryan Walters expressed his commitment to supporting the school’s mission, labeling it the first Christian charter school in the nation. He acknowledged the existing legal challenges but maintained a hopeful outlook regarding the school’s establishment.
In a previous ruling, the Oklahoma High Court decisively stated that a taxpayer-funded religious charter school would violate the First Amendment clause prohibiting government endorsement of religion. Justice James Winchester communicated the majority opinion, stressing that a charter school, as a public entity, must maintain a nonsectarian framework. Meanwhile, Justice Dana Kuehn offered a dissenting view, arguing that barring St. Isidore from operating based on its religious identity infringes upon religious liberty protected by the Constitution.
The Supreme Court is expected to hear arguments on this divisive issue in late April, with a verdict anticipated by early summer.
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