The Oklahoma Supreme Court has ruled that a contract signed by Oklahoma’s Statewide Virtual Charter School Board with St. Isidore of Seville Catholic Virtual School to start the nation’s first publicly funded religious charter school would violate the Constitution and the Establishment Clause. The ruling was 7-1, with Justice James Winchester writing, “Under Oklahoma law, a charter school is a public school. However, St. Isidore will evangelize the Catholic school curriculum while sponsored by the state.” Chief Justice John Kane IV recused himself from the vote and Chief Justice Dana Kuehn dissented, writing “Contracting with a private entity that has religious affiliations, by itself, does not establish a state religion, nor does it favor one religion over another.”

The Archdiocese of Oklahoma has vowed to take the fight to the US Supreme Court. “Today’s ruling is very disappointing for the hundreds of prospective students and their families from across the state of Oklahoma who desired the educational experience and promise of St. Isidore of Seville Catholic Virtual School. We will consider all legal options and remain steadfast in our belief that St. Isidore would have and could still be a valuable asset to students, regardless of socioeconomic, race or faith backgrounds,” Archbishop Paul Coakley and Bishop David Konderla wrote in a statement.

The decision revealed a split between the state’s Republican governor, Governor Kevin Stitt, who supported the school, and the state’s Republican Attorney General, Gentner Drummond, who filed a lawsuit against the school. “The framers of the US Constitution and those who drafted Oklahoma’s Constitution clearly understood how best to protect religious freedom: by preventing the State from sponsoring any religion at all. Now Oklahomans can be assured that our tax dollars will not fund the teachings of Sharia Law or even Satanism,” Drummond wrote of the court’s decision. The American Civil Liberties Union (ACLU) also supported the decision. “Charter schools are public schools that must be secular and serve all students. St. Isidore of Seville Catholic Virtual School, which plans to discriminate against students, families, and staff and indoctrinate students into one religion, cannot operate as a public charter school,” said the group.

The contract was originally approved by the Statewide Virtual Charter School Board by a 3-2 vote in June 2023. The school was set to start with 200 enrollees in the fall. Governor Stitt lamented the message the decision sends. “I’m concerned we’ve sent a troubling message that religious groups are second-class participants in our education system,” Stitt said in a statement. “Charter schools are incredibly popular in Oklahoma – and all we’re saying is: we can’t choose who gets state dollars based on a private entity’s religious status.”