OK Supreme Court hears case against nation’s first, faith-based charter school

OKLAHOMA CITY (KFOR) – Oklahoma Supreme Court justices heard oral arguments in the case involving the nation’s first public-funded, state-sponsored religious charter school and whether its approval was unconstitutional.

St. Isidore of Seville Virtual Charter School was approved 3-2 by the Statewide Virtual Charter School Board in October 2023. After its approval, Oklahoma Attorney General Gentner Drummond filed a lawsuit, which has made its way to the state Supreme Court.

Justices heard oral arguments from Drummond and attorneys for both the Statewide Virtual Charter School Board and St. Isidore of Seville.

“That is a slope where there is no end,” said Drummond. “Today, we’re discussing funding Catholicism; tomorrow we may be forced to fund radical Muslim teachings like Sharia law.”

Drummond argued the approval was unconstitutional and said he filed the lawsuit to defend separation of church and state, specifically the establishment clause.

‘Unlawful’: OK Attorney General files lawsuit over religious charter school

“You’ve got freedom, freedom to exercise your religion however you wish. But then there’s also a prohibition by the state from establishing a religion. And in this instance, the state has crossed the line.”

Phillip Sechler, the attorney for the Statewide Virtual Charter School Board, argued governments cannot discriminate against religious schools because of their faith.

“The Oklahoma Constitution says the U.S. Constitution is the law of the land and the Supreme Courts made it clear that you can’t set up a program like this and invite private organizations to participate, but then say, ‘If you’re religious, don’t bother,'” said Sechler.

Dr. Robert Franklin, a member of the school board, voted against the approval of St. Isidore in October.

“We voted no, but yet we’re sitting behind a table whereby there were powerful attorneys from all over the country representing a position we didn’t vote for,” said Franklin, who was present during Tuesday’s hearing.

Justices raised questions and concerns during arguments.

“Are we being used as a test case?” said Justice Yvonne Kauger.

“Is there a choice for taxpayers who do not want to support the Catholic Church?” asked Justice Noma Gurich.

Justices will likely make a decision on the case by July 1, 2024. That’s the date St. Isidore of Seville is expected to launch, per its contract with the state.

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