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gentner drummond
Oklahoma Supreme Court Blocks First US Religious Public Charter School
One coalition said the ruling "safeguards public education and upholds the separation of religion and government."
Jun 25, 2024
Faith leaders, parents, and educators on Tuesday applauded the Oklahoma Supreme Court's ruling against the establishment of the first U.S. taxpayer-funded religious charter school—which was widely seen as a test case for Christian nationalists' broader efforts to break down the barrier between church and state as well as further undermine public education.
The court's decision against St. Isidore of Seville Catholic Virtual School came in a case filed last October by Oklahoma Attorney General Gentner Drummond. Unlike some fellow Republicans, he argued that the Statewide Virtual Charter School Board's approval of the online institution violated the state and federal constitutions.
"This decision is a tremendous victory for religious liberty," Gentner said in response to the ruling. "The framers of the U.S. 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," he continued. "While I understand that the governor and other politicians are disappointed with this outcome, I hope that the people of Oklahoma can rejoice that they will not be compelled to fund radical religious schools that violate their faith."
"If this school is kept alive through appeals, it will continue to present an existential threat to the great state of Oklahoma and to the United States writ large."
The decision was also praised by the ACLU, Americans United for Separation of Church and State, Education Law Center, and Freedom From Religion Foundation, which—along with local lawyers—represent Oklahomans challenging the Archdiocese of Oklahoma City and the Diocese of Tulsa's attempt to create a publicly funded Catholic school.
"The Oklahoma Supreme Court's decision safeguards public education and upholds the separation of religion and government. Charter schools are public schools that must be secular and serve all students," the groups—which filed a brief supporting Gentner's suit—said in a joint statement Tuesday.
"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," the coalition added. "We will continue our efforts to protect public education and religious freedom, including the separation of church and state."
American Federation of Teachers president Randi Weingarten and AFT-Oklahoma president Mary Best similarly welcomed the decision as "a crucial victory for religious liberty, pluralism, and freedom over the forces of extremism and sectarianism."
"One of the clearest foundations of American democracy is the freedom to practice, or not to practice, religion," they said. "The framers never intended to require public funding of religious institutions or schools, and, in fact, religious freedom itself is reliant on the distinction. Liberty ends when someone is compelled to support another's private beliefs, and if the attorney general had lost, Oklahoma would have been forced to siphon millions of dollars from public schools into private hands."
"The combination of the Constitution's free exercise clause and the concept of separation of church and state underpins our democracy, and this decision preserves that distinction," the AFT leaders added. "This case should never have had to be brought in the first place; a charter school for religious purposes paid for by public money should have been rejected as unconstitutional from the start. If this school is kept alive through appeals, it will continue to present an existential threat to the great state of Oklahoma and to the United States writ large."
The Oklahomanreported that "it's a virtual certainty the ruling Tuesday will be appealed, likely to a federal court," and shared statements from Oklahoma City Archbishop Paul Coakley and Tulsa Bishop David Konderla as well as Oklahoma Superintendent of Public Instruction Ryan Walters, a former state education secretary who, as the newspaper noted, "tried—and failed—three times to insert himself into the legal case before the state Supreme Court."
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Rights Groups Challenge 'Unconstitutional' Religious Charter School in Oklahoma
"It's hard to think of a clearer violation of the religious freedom of Oklahoma taxpayers and public-school families than the state establishing the nation's first religious public charter school," said one group within minutes of a state board approving the school's application.
Jun 06, 2023
Within minutes of a state charter school board in Oklahoma approving a plan on Monday to open what would be the first religious charter school in the United States, advocates for the nation's bedrock laws separating church and state announced plans to file a legal challenge against the proposal.
Allowing the Catholic Archdiocese of Oklahoma City and Diocese of Tulsa to open a taxpayer-funded virtual charter school in which religious education would be a key part of the curriculum would mark "a sea change for American democracy," said Rachel Laser, president and CEO of Americans United for Separation of Church and State.
Going against the advice of its own legal counsel and disregarding extensive testimony and legal analysis from Americans United regarding why the creation of the school would violate the U.S. Constitution, the Statewide Virtual Charter School Board voted 3-2 to allow the religious groups to open St. Isidore of Seville Catholic Virtual School.
The school would be entirely government-funded, but like other charter schools—which have been criticized by public education advocates—it would be independently managed, in this case by the Catholic archdiocese and diocese.
"It's hard to think of a clearer violation of the religious freedom of Oklahoma taxpayers and public-school families than the state establishing the nation's first religious public charter school," said Laser. "No public school family should fear that their child will be required by charter schools to take theology classes or be expelled for failing to conform to religious doctrines. And the government should never force anyone to fund religious education."
"In a country built on the principle of separation of church and state, public schools must never be allowed to become Sunday schools," she added.
The ACLU said it would join Americans United in challenging the plan.
\u201cWe, @americansunited, and our partners are planning legal action to stop this unconstitutional plan.\n\nOur public schools must be free from religious indoctrination and open to all students.\u201d— ACLU (@ACLU) 1685998053
Republican Gov. Kevin Stitt applauded the decision of the board—which is made up of his appointees—but state Attorney General Gentner Drummond, also a Republican, said it was "extremely disappointing that board members violated their oath in order to fund religious schools with our tax dollars."
The U.S. Supreme Court has handed down two rulings in recent years signaling that its right-wing majority could rule in favor of the religious charter school if a case reaches the high court. Last year the court ruled 6-3 that the state of Maine was not permitted to exclude religious schools from a state tuition program, and in 2020 it ruled 5-4 that states must allow private schools to participate in state scholarships.
"Not long ago, this would have been [dead on arrival]" at the Supreme Court, said Los Angeles Times legal affairs columnist Harry Litman. "But they're banking on the Supreme Court to break down the wall between church and state."
The Oklahoma Rural Schools Coalition called the board's decision "a loss for American values, the rule of law, and our Oklahoma Constitution."
"Three unelected voices in the state of Oklahoma have put the separation of church and state in peril for the entire nation," said the group. "Oklahoma's public schools are among the lowest funded in the nation. We cannot afford to divert dollars to unconstitutional religious schools. Public education dollars must be protected for accountable public schools that welcome and serve all students."
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