The Oklahoma Supreme Court Rejected the Nation's First Religious Public Charter School
In a win for the separation of church and state, the Oklahoma Supreme Court that Oklahoma’s approval of the nation’s first religious public charter school violates the state constitution and charter-school statute, as well as the U.S. Constitution. The decision affirms what we already knew: A religious school can’t be a public school, and a public school can’t be religious.
Last year, St. Isidore of Seville Catholic Virtual School applied to the Oklahoma Virtual Charter School Board to become a public charter school. The school, which would have been managed by the Archdiocese of Oklahoma City, proclaimed in its application that it would carry out “the evangelizing mission of the [Catholic] Church” by fully embracing its religious teachings and incorporating those teachings “into every aspect of the School.” The school also acknowledged that it would discriminate in admissions, student discipline, and employment, as necessary to satisfy the Catholic Church’s religious doctrine, and that it would not accommodate a student’s disability if doing so would violate the school’s Catholic beliefs.
Despite warnings from the Oklahoma attorney general, education groups, and civil rights organizations that public schools—including charter schools—cannot legally teach a religious curriculum or discriminate against students and employees, the Virtual Charter School Board approved St. Isidore’s application and entered into an agreement allowing the school to begin operating for the upcoming school year. Today, in ordering the state board to rescind its contract with St. Isidore, the Oklahoma Supreme Court sent a pointed message: Our public schools are for education, not evangelizing.
"Our public schools are for education, not evangelizing."
The court held that charter schools, which are funded by the state, created as government entities, and expressly characterized in state law as “public schools,” are, of course, just that – public schools. As a result, the court explained, a religious public charter school violates not only the Establishment Clause of the First Amendment, but also Oklahoma’s charter school law and constitution, which forbid public schools from imposing religious teachings on students. “Enforcing the St. Isidore contract would create a slippery slope and what the [state constitution’s] framers warned against—the destruction of Oklahomans’ freedom to practice religion without fear of governmental intervention,” the court stated.
The ruling comes in response to a petition filed with the Oklahoma Supreme Court by the Oklahoma attorney general, who sought to rescind the Charter School Board’s contract with St. Isidore. Although some people may be surprised that a Republican attorney general would object to the nation’s first religious public charter school, safeguarding the separation of church and state is not, and never should be, a partisan issue.
OKPLAC, Inc. v. Statewide Virtual Charter School Board
Nine Oklahoma residents and a nonprofit organization dedicated to supporting public education in Oklahoma filed a lawsuit in July 2023 in state...
Source: American Civil Liberties Union
That’s why the ACLU, along with Americans United for Separation of Church and State, Education Law Center, and the Freedom From Religion Foundation, filed a friend-of-the-court brief in the case supporting the attorney general. Even before the attorney general filed his petition, we brought suit in Oklahoma state court on behalf of parents, faith leaders, and public-school advocates who don’t want their tax dollars used to fund a religious public school that discriminates against students and staff and promotes religious doctrine.
Church-state separation is a cornerstone of our democracy. It’s critical to preserving the right of every person to decide for themselves—without pressure from the government—which religious beliefs, if any, to hold and practice. It also ensures that the government doesn’t undermine religion either by co-opting it for political purposes or rendering religious institutions dependent on the state to spread their faith. Indeed, the U.S. Supreme Court has repeatedly emphasized that the separation between religion and government is particularly crucial in our public schools, which, by design, freely serve all students equally regardless of religious background or preference.
St. Isidore is, and has always been, free to open as a private religious school that taxpayers would not be forced to support. It is not free, however, to assume the mantle of a public school—including all the associated legal and financial benefits—while flouting the Oklahoma and U.S. Constitutions. The Oklahoma Supreme Court recognized as much, explaining, “What St. Isidore requests from this court is beyond the fair treatment of a private religious institution receiving a generally available benefit…It is about the state’s creation and funding of a new religious institution violating the Establishment Clause.”
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Religious Liberty
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Press ReleaseNov 2024
Religious Liberty
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BATON ROUGE, LA – In a victory for religious freedom, a federal district court issued a preliminary injunction today in Rev. Roake v. Brumley, prohibiting implementation of a Louisiana law that requires all public schools to permanently display a government-approved, Protestant version of the Ten Commandments in every classroom. In the ruling, Judge John W. DeGravelles determined that Louisiana’s H.B. 71, enacted last June, violates the First Amendment and longstanding Supreme Court precedent. More than 40 years ago, in Stone v. Graham, the Supreme Court overturned a similar state statute, holding that the First Amendment bars public schools from posting such displays. The defendants conceded during oral argument that Stone remains good law and is binding on lower courts. In his 177-page opinion, the judge explained: [T]hese displays must be posted in every “classroom in each school,” all year round, regardless of subject matter, and regardless of the age of the student. 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After finding that the law violates the plaintiffs’ constitutional rights, the court prohibited the defendants from “(1) enforcing H.B. 71; (2) adopting rules or regulations for the enforcement of H.B. 71; and (3) requiring that the Ten Commandments be posted in every public-school classroom in Louisiana in accordance with H.B. 71.” The Court additionally directed the state defendants to provide notice of its order and H.B. 71’s unconstitutionality to all Louisiana public elementary, secondary, and charter schools, and all public post-secondary education institutions. Because the court denied the defendants’ request to pause (or “stay”) the preliminary injunction while they seek relief from the U.S. Court of Appeals for the Fifth Circuit, it immediately takes effect. “H.B. 71 is a direct infringement of our religious-freedom rights, and we’re pleased and relieved that the court ruled in our favor,” said Rev. Darcy Roake, who is a plaintiff in the case along with her husband, Adrian Van Young. “As an interfaith family, we expect our children to receive their secular education in public school and their religious education at home and within our faith communities, not from government officials.” “This ruling should serve as a reality check for Louisiana lawmakers who want to use public schools to convert children to their preferred brand of Christianity,” said Heather L. Weaver, Senior Staff Attorney for the ACLU’s Program on Freedom of Religion and Belief. “Public schools are not Sunday schools, and today’s decision ensures that our clients’ classrooms will remain spaces where all students, regardless of their faith, feel welcomed.” “We are pleased that the First Amendment rights of students and families are protected by this vital court decision,” said Patrick Elliott, Legal Director of the Freedom From Religion Foundation. “This ruling will ensure that Louisiana families – not politicians or public school officials – get to decide if, when and how their children engage with religion,” said Rachel Laser, president and CEO of Americans United for Separation of Church and State. “It should send a strong message to Christian Nationalists across the country that they cannot impose their beliefs on our nation’s public school children. Not on our watch.” “Religious freedom—the right to choose one’s faith without pressure—is essential to American democracy,” said Alanah Odoms, Executive Director of the ACLU of Louisiana. “Today’s ruling ensures that the schools our plaintiff’s children attend will stay focused on learning, without promoting a state-preferred version of Christianity.” Jon Youngwood, Co-Chair of Simpson Thacher’s Litigation Department, added, “We are heartened by the District Court’s well-reasoned and detailed opinion, which rests upon the wisdom of the First Amendment to the Constitution and the protections it affords regarding the separation of church and state and the free exercise of religion.” Represented by the ACLU, ACLU of Louisiana, Americans United for Separation of Church and State, and the Freedom From Religion Foundation, with Simpson Thacher & Bartlett LLP serving as pro bono counsel, the plaintiffs in Roake v. 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