A lawsuit seeking to block Oklahoma from sponsoring and funding the nation’s first religious public charter school can move forward, an Oklahoma judge ruled June 5.
The lawsuit, OKPLAC, Inc. v. Statewide Virtual Charter School Board, is sponsored by Americans United, the American Civil Liberties Union, Education Law Center, and Freedom From Religion Foundation on behalf of state residents who are serving as plaintiffs in the case.
During a hearing, Judge Richard Ogden of the District Court of Oklahoma County issued a new ruling denying nearly all of the defendants’ motions to dismiss the case.
The organizations representing the plaintiffs issued a statement reading, “We’re pleased that the Court will allow our plaintiffs’ case to proceed. Oklahoma law is clear: Charter schools are public schools that must be secular and welcome all students. Oklahoma taxpayers, including our plaintiffs, should not be forced to financially support St. Isidore of Seville Catholic Virtual Charter School, which plans to discriminate against students, families, and staff and indoctrinate students into one religion. Our lawsuit aims to protect public education, the separation of church and state, and all Oklahomans’ religious freedom by preventing St. Isidore from receiving state funds or operating as a public charter school.”
Still pending before the court is the plaintiffs’ request for a temporary injunction to prevent St. Isidore of Seville Catholic Virtual Charter School from operating and receiving state funds as a public charter school. In a motion filed last month, the plaintiffs explained to the court the importance of ensuring that no taxpayer money funds St. Isidore and that the school does not open as a public charter school during the 2024-25 school year while litigation is ongoing in their case and in a similar lawsuit filed in the Oklahoma Supreme Court by Oklahoma Attorney General Gentner Drummond.
The groups noted that St. Isidore is, and has always been, free to open as a private religious school that taxpayers would not be forced to support.
The lawsuit was filed on July 31, 2023, in the District Court of Oklahoma County. The plaintiffs object to their tax dollars funding a public charter school that will discriminate against students and families based on their religion and LGBTQ+ status, will not commit to adequately serving students with disabilities, and will indoctrinate students into one religion.
The plaintiffs include OKPLAC (Oklahoma Parent Legislative Advocacy Coalition), Melissa Abdo, Krystal Bonsall, Leslie Briggs, Brenda Lené, Michele Medley, Dr. Bruce Prescott, the Rev. Dr. Mitch Randall, the Rev. Dr. Lori Walke, and Erika Wright.
As this issue of Church & State was going to press, the Oklahoma Supreme Court ruled in a separate case brought by Oklahoma Attorney General Gentner Drummond that granting charter school status to St. Isidor violates the Oklahoma Constitution, state law and the U.S. Constitution’s First Amendment.
The court held in its June 25 opinion in Drummond v. Oklahoma Statewide Virtual Charter School Board that Oklahoma law “does not allow a charter school to be sectarian in its programs, admissions policies, employment practices and operations.”
Look for an update in the September issue of Church & State.