The Oklahoma Supreme Court ruled June 25 that creation of a “religious public charter school” violates the state constitution.
The ruling came in a lawsuit, Drummond v. Oklahoma Statewide Virtual Charter School Board, brought by Oklahoma Attorney General Gentner Drummond. Americans United, the American Civil Liberties Union, Education Law Center and Freedom From Religion Foundation have brought a separate lawsuit raising similar claims against the school.
The Oklahoma high court ruled that state law “does not allow a charter school to be sectarian in its programs, admissions policies, employment practices and operations.”
The suit by AU and its allies was brought on behalf of faith leaders, public school parents and public education advocates. It sought to stop the state from sponsoring and funding St. Isidore of Seville Catholic Virtual School, an institution that would have discriminated against students and families based on their religion and LGBTQ+ status, refused to commit to adequately serving students with disabilities, indoctrinated students into one religion and discriminated in hiring and admissions.
“The Oklahoma Supreme Court’s decision safeguards public education and upholds the separation of religion and government,” AU and its allies said in a statement. “Charter schools are public schools that must be secular and serve all students. 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. We will continue our efforts to protect public education and religious freedom, including the separation of church and state.”
The organizations, supported by Oklahoma-based counsel Odom & Sparks PLLC and J. Douglas Mann, brought the lawsuit, OKPLAC, Inc. v. Statewide Virtual Charter School Board, on July 31, 2023, in the District Court of Oklahoma County.
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.
A group of the plaintiffs also filed a friend-of-the-court brief in the attorney general’s case on Dec. 27. The Oklahoma Supreme Court’s opinion incorporates many of the arguments made in that legal brief.
The team of attorneys that represents the plaintiffs is led by Alex J. Luchenitser of Americans United and includes Sarah Taitz and Jenny Samuels of Americans United; Daniel Mach and Heather L. Weaver of the ACLU; Robert Kim, Jessica Levin and Wendy Lecker of Education Law Center; Patrick Elliott of FFRF; Benjamin H. Odom, John H. Sparks, Michael W. Ridgeway and Lisa M. Millington of Odom & Sparks; and J. Douglas Mann.