On May 22, the U.S. Supreme Court affirmed a ruling by the Oklahoma Supreme Court that blocks the creation of St. Isidore of Seville Catholic Virtual School, a proposed religious charter school. This decision, Oklahoma Statewide Charter School Board v. Drummond, reached through a 4-4 split (with Justice Amy Coney Barrett abstaining), leaves the Oklahoma court’s ruling intact but sets no national precedent.
The controversy began in 2023, when Oklahoma’s charter school board approved an application by the archdiocese of Oklahoma City and the diocese of Tulsa to create St. Isidore as a virtual charter school. Under state law, Oklahoma charter schools are public schools that are required to be nonsectarian in their programs, admission policies and other operations. However, the contract approved by the state charter school board allowed St. Isidore to operate as a Catholic institution, fully integrating religious teachings into its curriculum and activities.
Oklahoma Attorney General Gentner Drummond challenged the contract, arguing it violated both state law and the Establishment Clause of the U.S. Constitution.
The state supreme court granted Drummond’s request to invalidate the charter school board’s contract with St. Isidore. The Oklahoma court dismissed arguments that the school was a private actor merely contracting with the state, instead holding that St. Isidore, as a public charter school, was a state actor “entwined” with the state that performed a “traditional, exclusive public function” (e.g., providing a free public education) and, as such, was subject to the Establishment Clause and its constitutional limits.
The court highlighted the fact that St. Isidore planned to fully incorporate Catholic teachings into every aspect of the school, including its curriculum and co-curricular activities; require students to spend time in religious instruction and activities; and permit state spending in direct support of the religious curriculum and activities within St. Isidore. The Oklahoma supreme court held that all of these activities violated the Establishment Clause and that, as a result, the state of Oklahoma was not authorized to establish or fund St. Isidore.
Though the U.S. Supreme Court did not issue a majority opinion, its affirmation effectively blocks the creation of St. Isidore in Oklahoma. Due to the split vote, the U.S. Supreme Court’s decision is only binding in Oklahoma and does not have nationwide effect. However, the case provides guidance as to how other state courts may interpret the constitutionality of such arrangements.
If you have questions about the opinion, please reach out to OSBA’s Division of Legal Services at 855-OSBA-LAW.