Introduction to the Debate

The Catholic Church in Oklahoma is seeking to establish an online charter school, St. Isidore of Seville Catholic Virtual School, which would be the nation’s first religious charter school. The school’s mission is to provide an education that is "faithful to the teachings of Jesus Christ." The Supreme Court is set to decide whether public money can flow directly to a religious school, a decision that could have significant implications for the separation of church and state.

Background on the Case

The case comes to the court amid efforts, mainly in conservative-led states, to insert religion into public schools. Those include a challenged Louisiana requirement that the Ten Commandments be posted in classrooms and a mandate from Oklahoma’s state schools superintendent that the Bible be placed in public school classrooms. Conservative justices in recent years have delivered a series of decisions allowing public money to be spent at religious institutions, leading liberal Justice Sonia Sotomayor to lament that the court "continues to dismantle the wall of separation between church and state that the Framers fought to build."

The Oklahoma Supreme Court Decision

The Oklahoma Supreme Court decision last year, which invalidated a state board’s approval of an application filed jointly by two Catholic dioceses in Oklahoma, is at the center of the case. The court determined that the board’s approval violated the First Amendment’s Establishment Clause, which prohibits the government from making any law "respecting an establishment of religion."

Arguments for and Against the School

The state board and the school, backed by an array of Republican-led states and religious and conservative groups, argue that the court decision violates a different part of the First Amendment that protects religious freedom. The Free Exercise Clause has been the basis of the recent Supreme Court decisions. "A State need not subsidize private education," Chief Justice John Roberts wrote in one of those decisions in 2020. "But once a State decides to do so, it cannot disqualify some private schools solely because they are religious."

Key Issues in the Case

A key issue in the case is whether the school is public or private. Charter schools are deemed public in Oklahoma and the other 45 states and the District of Columbia where they operate. They are free and open to all. Just under 4 million American schoolchildren, about 8%, are enrolled in charter schools. "Charter schools no doubt offer important educational innovations, but they bear all the classic indicia of public schools," lawyers for Oklahoma Attorney General Gentner Drummond wrote in a Supreme Court filing.

Implications of the Decision

If the court finds the school is public, or a "state actor," it could lead to a ruling against St. Isidore. If instead it determines that the school is private, the court is more likely to see this case as it did the earlier ones in which it found discrimination against religious institutions. The case has divided some of the state’s Republican leaders, with Gov. Kevin Stitt and State Superintendent of Public Instruction Ryan Walters supporting the concept of using public funds for religious schools, while Attorney General Gentner Drummond has opposed the idea and sued to overturn the virtual charter school board’s approval of St. Isidore.

Potential Consequences

The idea of using public money to fund religious schools is antithetical to the Constitution, said Rachel Laser, president and CEO of Americans United for Separation of Church and State. "This is religious public education, fully and directly funded by taxpayers. It’s as abject a violation of religious freedom as they come, because it forces taxpayers to fund the heart of religion, religious education for religion that’s not their own," Laser said. A group of Oklahoma parents, faith leaders and a public education nonprofit that also sued to block the school argue that religious charter schools in their state would lead to a drop in funding for rural public schools.

Conclusion

The Supreme Court’s decision on whether public money can flow to a Catholic charter school will have significant implications for the separation of church and state and the future of education in the United States. The court’s ruling could lead to a shift in the way public funds are used to support religious education, potentially paving the way for more religious charter schools. The decision is expected by early summer.

FAQs

1. What is the St. Isidore of Seville Catholic Virtual School?
   The St. Isidore of Seville Catholic Virtual School is a proposed online charter school in Oklahoma that would be the nation’s first religious charter school.
2. What is the main issue in the case?
   The main issue in the case is whether public money can flow directly to a religious school, and whether the school is considered public or private.
3. What are the implications of the decision?
   The decision could lead to a shift in the way public funds are used to support religious education, potentially paving the way for more religious charter schools.
4. Who is supporting and opposing the school?
   The school is being supported by the state board, the Catholic dioceses, and conservative groups, while it is being opposed by the Oklahoma Attorney General, Americans United for Separation of Church and State, and a group of Oklahoma parents and faith leaders.
5. When is the decision expected?
   The decision is expected by early summer.

   FILE – The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024. (AP Photo/J. Scott Applewhite, File)
   A cross sits atop the Archdiocese of Oklahoma City on Thursday, April 17, 2025 in Oklahoma City, Oklahoma. (AP Photo/Nick Oxford)