'It's dangerous': Mixed reaction follows OK Supreme Court religious charter school ruling

An Oklahoma Supreme Court decision that the nation's first publicly funded religious charter school is unconstitutional has divided state leaders and Oklahomans.

OKLAHOMA CITY (KFOR) – An Oklahoma Supreme Court decision that the nation's first publicly funded religious charter school is unconstitutional has divided state leaders and Oklahomans.

The 7-1 ruling Tuesday accounted for seven justices consenting; one justice consenting and dissenting in part and Chief Justice John Kane recusing himself.

The dissenting opinion came from Justice Kuehn who said that she found nothing in the State or Federal Constitutions barring sectarian organizations, such as St. Isidore, from applying to operate charter schools. Justice Kuehn also noted that it was inconsistent with the Free Exercise Clause of the First Amendment. Kuehn further adding that "contracting with a private entity that has religious affiliations, by itself, does not establish a State religion."

The reason for the ruling in the first place stemming from a vote from the Oklahoma Statewide Virtual Charter school board in 2023 approving a contract with St. Isidore of Seville Catholic Virtual Charter School. The decision was met with a swath of concern from parents, religious leaders and education advocates regarding its legality.

"Our founders of our Constitution, specifically wrote our creation documents to protect us from the government forcing religion upon us," said Erin Brewer Co-Founder of the Oklahoma Parent Legislative Action Committee (OKPLAC).

Brewer's organization and other advocates sued the board, State Superintendent Ryan Walters and the leaders of the charter school for the move; arguing it worked against religious freedom and was discriminatory to other religions.

"This is a decision that protects the Constitution," said Brewer. "It protects democracy, taxpayers and most importantly, our kids."

Attorney General Gentner Drummond took the case to Oklahoma's highest court out of concern for Oklahoma taxpayers.

Drummond released the following statement Tuesday:

“This decision is a tremendous victory for religious liberty. 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. 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.”

Attorney General Gentner Drummond

Advocates for the school have been equally as vocal about their disagreement. The Archdiocese of Oklahoma City and Diocese of Tulsa & Eastern Oklahoma voiced their concerns with the ruling in a joint statement Tuesday:

“Today’s ruling is very disappointing for the hundreds of prospective students and their families from across the state of Oklahoma who desired the educational experience and promise of St. Isidore of Seville Catholic Virtual School. We will consider all legal options and remain steadfast in our belief that St. Isidore would have and could still be a valuable asset to students, regardless of socioeconomic, race or faith backgrounds.”

Archdiocese of Oklahoma City & Diocese of Tulsa & Eastern Oklahoma

News 4 reached out to a spokesperson for State Superintendent Ryan Walters for comment:

"It’s my firm belief that once again, the Oklahoma Supreme Court got it wrong. The words ‘separation of church and state’ do not appear in our Constitution, and it is outrageous that the Oklahoma Supreme Court misunderstood key cases involving the First Amendment and sanctioned discrimination against Christians based solely on their faith. Oklahomans have demanded school choice not religious targeting. I agree with the dissent because nothing about the State of Oklahoma contracting for educational services for students in the form of a charter school violates the Establishment Clause of the First Amendment, and the enrollment demand at St. Isidore proves that Oklahoma parents want more choices for their kids’ educations – not fewer. This ruling cannot and must not stand. There will be additional legal action in support of those parents and the millions of Oklahomans who believe deeply in religious liberty, and I will never stop fighting for Oklahomans’ constitutional, God-given right to express their religious belief."

Ryan Walters, State Superintendent of Public Instruction

News 4 reached out to the office of Governor Kevin Stitt, a previous supporter for the charter school, and received the following statement:

“I’m concerned we’ve sent a troubling message that religious groups are second-class participants in our education system. Charter schools are incredibly popular in Oklahoma – and all we’re saying is: we can’t choose who gets state dollars based on a private entity’s religious status. Religious freedom is foundational to our values, and today's decision undermines that freedom and restricts the choices available to Oklahomans. I’m disappointed by AG Drummond’s attack on religious liberty and the school choice movement, but I remain hopeful the U.S. Supreme Court will hear the case and grant St. Isidore the right to establish their school.”

Governor Kevin Stitt

A News 4 employee asked Brewer what message she believes the ruling sends to opponents like Stitt and Walters.

"I would just say, we have some politicians in Oklahoma who don't understand the rule of law in our Constitution and it's dangerous," said Brewer.

Brewer says the lawsuit her organization filed in a lower court has an outcome that is still pending, but she believes it's likely to uphold the same outcome as the Supreme Court decision and go away.

Depending on a potential appeal, Brewer said her organization is grateful because it can still continue to pursue the case in Oklahoma regardless of what other courts decide.

The legal team representing the Statewide Virtual Charter School Board suggested in their own statement Tuesday that this case could go further:

“Oklahoma parents and children are better off with more choices, not fewer. The U.S. Constitution protects St. Isidore’s freedom to operate according to its faith and supports the board’s decision to approve such learning options for Oklahoma families. The board knew that the First Amendment’s Free Exercise Clause prohibits state officials from denying public funding to religious schools simply because they are religious. We are disappointed with the court’s ruling that upholds discrimination against religion; we’ll be considering all legal options, including appeal.”

Alliance Defending Freedom