The U.S. Supreme Court announced Jan. 24 that it will hear a dispute over the creation of a religious public charter school run by St. Isidore of Seville Catholic Virtual School in Oklahoma.
The school would be a public institution fully funded with tax dollars, but stated in its application that it would operate “as a Catholic School” that “participates in the evangelizing mission of the Church.”
Americans United pointed out that the school’s “Catholic perspective permeates all subjects” St. Isidore plans to teach, including required theology classes. St. Isidore also plans to discriminate in student admissions, student discipline, and employment on the basis of religion, sexual orientation, gender identity, pregnancy outside of marriage and sexual activity outside of marriage. Additionally, St. Isidore asserts a right to discriminate against students based on disability and has failed to demonstrate that it will adequately serve students with disabilities.
The Oklahoma Supreme Court struck down creation of the school in June of 2024. But the school’s backers appealed to the U.S. Supreme Court. The lawsuit, Oklahoma Statewide Charter School Board v. Drummond, was brought by Oklahoma Republican Attorney General Gentner Drummond.
Americans United, the American Civil Liberties Union, Education Law Center and Freedom From Religion Foundation are representing faith leaders, public school parents and public education advocates in a separate lawsuit to stop Oklahoma from sponsoring and funding St. Isidore. That case, OKPLAC, Inc. v. Oklahoma Statewide Charter School Board, was filed July 31, 2023, in the District Court of Oklahoma County. It is on hold pending developments at the Supreme Court.
In the wake of the high court’s announcement that it will hear the case, AU and its allies issued a statement reading, “The law is clear: Charter schools are public schools and must be secular and open to all students. The Oklahoma Supreme Court correctly found that the state’s approval of a religious public charter school was unlawful and unconstitutional. We urge the U.S. Supreme Court to affirm that ruling and safeguard public education, church-state separation and religious freedom for all. Oklahoma taxpayers, including our plaintiffs, should not be forced to fund a religious public school that plans to discriminate against students and staff and indoctrinate students into one religion. Converting public schools into Sunday schools would be a dangerous sea change for our democracy.”
In other news about the Supreme Court:
– The high court announced Jan. 17 that it will hear a case brought by Muslim and Christian Orthodox parents in Montgomery County, Md., who object to their children being exposed to material that contains LGBTQ+ themes. The parents are demanding an opt-out any time such material is used, arguing that the LGBTQ+ material offends their religious beliefs. School officials say this would be impractical.
Americans United argues that if parents are allowed to pull their children out of any classroom instruction that offends their religious beliefs, schools will likely respond by dropping the material, giving Christian Nationalists control over the curriculum. (Mahmoud v. Taylor)
– The Supreme Court will also hear a dispute from Wisconsin focusing on tax exemptions for religiously affiliated organizations.
Wisconsin, along with 46 other states, exempts religious entities “operated primarily for religious purposes” from having to pay into the state’s unemployment insurance program. The state declined to exempt Catholic Charities Bureau, an arm of the church that provides social services. State officials argued that the Bureau’s work is not primarily religious.
The Wisconsin Supreme Court agreed in March 2024, ruling that the Bureau’s activities are “primarily charitable and secular,” reported Reuters. The court held that the group does not “attempt to imbue program participants with the Catholic faith” and that its services are open to all people, regardless of their faith or non-faith. (Catholic Charities Bureau v. Wisconsin Labor & Industry Review Commission)
All three cases will be argued this term with decisions expected by the end of June.