Alliance Defending Freedom (ADF) attorneys thrust a high-stakes religious liberty case before the U.S. Supreme Court on Wednesday, filing an opening brief in Oklahoma Statewide Charter School Board v. Drummond.
The legal team, representing the Oklahoma Statewide Charter School Board, is asking the justices to overturn a state supreme court ruling that barred the board from chartering St. Isidore of Seville Catholic Virtual School solely due to its religious nature, a decision ADF calls a violation of constitutional protections and a blow to educational choice.
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“Oklahoma parents and children are better off with more educational choices, not fewer,” said ADF Chief Legal Counsel Jim Campbell. “The U.S. Constitution protects St. Isidore’s freedom to participate in Oklahoma’s charter-school program, and it supports the board’s decision to provide more educational options for Oklahoma families.” Campbell argued that the Supreme Court has consistently ruled against excluding religious groups from public programs open to all, a principle he says Oklahoma’s highest court flouted.
The dispute stems from a June 2023 Oklahoma Supreme Court decision siding with Attorney General Gentner Drummond, who sued to void the board’s contract with St. Isidore—the nation’s first explicitly religious charter school.
Drummond contended that public funding for a Catholic-run institution violated state and federal prohibitions on church-state entanglement. The state court agreed, ordering the contract rescinded, prompting the board’s appeal to the U.S. Supreme Court.
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ADF’s brief paints Oklahoma’s charter program as a success story, noting its flexibility has boosted student outcomes—except where courts intervene. “Oklahoma’s program invites diverse applicants, subjects them to less regulation, and empowers them to innovate,” the filing states. “The decision below removes options and jeopardizes the entire program.” It warns that barring St. Isidore could ripple beyond schools, potentially branding faith-based groups as “state actors” and crippling their ability to offer social services like foster care and homeless aid.
“Everyone should want more high-quality, no-cost education options for families,” Campbell added. “Excluding faith-based groups like St. Isidore undermines that goal and hurts the families that desperately want and need those options.” The case tests a string of recent Supreme Court precedents—like Trinity Lutheran (2017) and Espinoza v. Montana (2020)—affirming that states can’t discriminate against religious entities in public programs.
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With Oklahoma’s charter students “thriving,” per ADF, the outcome could reshape how states balance religious freedom and public education. As the Supreme Court decides whether to take up the case, parents, educators, and legal watchers await a ruling that could redefine the boundaries of school choice nationwide.
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