Oklahoma Supreme Court Rules Against First Publicly-Funded Religious Charter School

The Oklahoma Supreme Court ruled that the approval of what would have been the nation’s first publicly-funded religious school was unconstitutional, according to court records.

Oklahoma’s Virtual Charter School Board voted to approve an application for a virtual religious charter school in June 2023, prompting state Republican Attorney General Gentner Drummond to file a lawsuit in October to block the funding, calling it “an irreparable violation of our individual religious liberty” and “an unthinkable waste of our tax dollars.” The Oklahoma Supreme Court ultimately sided with Drummond on Tuesday, finding that “under Oklahoma law, a charter school is a public school” and that “as such, a charter school must be nonsectarian,” per court filings.

The court’s decision also found that the proposed Christian school violated the Establishment Clause of the First Amendment of the Constitution, according to the document. Any petition for appeal must be filed within 10 days of the ruling.

The board initially voted to deny an application from the Archdiocese of Oklahoma City and the Diocese of Tulsa to establish St. Isidore of Seville Catholic Virtual School due to concerns regarding its constitutionality. Catholic Conference of Oklahoma Executive Director Brett Farley welcomed legal challenges after the school’s application was later approved so that the courts could resolve the legal question of whether or not taxpayer funds can be used for such purpose.