A powerhouse lineup—including the U.S. Solicitor General’s Office (OSG), 12 states, charter school advocates, religious groups, and elected officials—filed friend-of-the-court briefs with the U.S. Supreme Court this week, rallying behind Oklahoma’s bid to let a Catholic virtual school join its charter program.
The case, Oklahoma Statewide Charter School Board v. Drummond, pits religious liberty and school choice against a state ruling that’s now under the justices’ microscope.
At stake is St. Isidore of Seville Catholic Virtual School, greenlit by the Oklahoma Statewide Charter School Board but shot down by the Oklahoma Supreme Court for its religious bent.
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Alliance Defending Freedom (ADF) attorneys, defending the board, argue the state’s ban clashes with U.S. Supreme Court precedents barring religious exclusion from public programs.
“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 high-quality, no-cost educational options for Oklahoma families. As this broad coalition argued, the government can’t invite a vast array of groups to participate in its charter-school program while singling out religious groups for exclusion.”
The showdown stems from a lawsuit by Oklahoma AG Gentner Drummond, who moved to nix St. Isidore’s charter contract. The state supreme court sided with him, labeling the school a state actor unfit for public funds.
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Now, with ADF’s opening brief filed and the U.S. Supreme Court set to weigh in, a flood of amicus briefs slams that call. The Solicitor General’s Office argued Oklahoma’s forcing a “choice between religious exercise and public funds,” while EdChoice touted religious charters’ proven edge in student outcomes.
Charter groups like Great Hearts Academy warned that tagging these schools as state actors “undercuts their purpose” and stifles freedom.
Twelve states, led by South Carolina, piled on, saying the ban “hampers opportunities for states to provide education to their citizens, stifles students’ opportunities to thrive in a quality educational environment, and limits parents’ choice of schools to send their children.”
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The coalition’s gist: Oklahoma’s open invite to charter applicants can’t legally shut out faith-based players.
With precedent on their side—think recent rulings greenlighting religious schools in public programs—supporters see a chance to cement educational pluralism. The court’s decision, expected later this year, could redraw the line between church, state, and schoolhouse, rippling far beyond Oklahoma’s borders.
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