Approval of first publicly funded religious charter school in US ruled unconstitutional

The approval of the nation’s first publicly funded religious charter school was struck down as unconstitutional by the Oklahoma Supreme Court on Tuesday.

“The St. Isidore Contract violates state and federal law and is unconstitutional,” the court ruled. 

Oklahoma’s Charter School Board has been ordered to rescind the contract with St. Isidore  of Seville Catholic Virtual School. 

The decision was promptly celebrated by the National Alliance for Public Charter Schools, which stood against others in their movement and did not want to mix its mission with religion.  

“The National Alliance applauds the Oklahoma Supreme Court for affirming the unconstitutionality of religious public schools. The Oklahoma Supreme Court’s 6-2 decision is a resounding victory for the integrity of public education,” said Eric Paisner, acting CEO for the group. 

“All charter schools are public schools. The National Alliance firmly believes charter schools, like all other public schools, may not be religious institutions. We insist every charter school student must be given the same federal and state civil rights and constitutional protections as their district school peers. The Oklahoma Supreme Court’s decision reassures all Oklahoma families that their students’ constitutional rights are not sacrificed when they choose to attend a public charter school,” Paisner added.

The Catholic Archdiocese of Oklahoma City has 10 days to petition for a rehearing on the matter. The ruling marks a tough defeat for the church after it battled for months with the state’s Charter School Board to get approval for its online school.

In a statement, St. Isidore said it would not be throwing in the towel.

“Today’s decision is a setback for Oklahoma K-12 students and to the ideal of free choice and open opportunity in education. I, however, will not give up hope that the Court’s error may be corrected and that St. Isidore will help open the path toward a future where the needs of all Oklahoma students and families are fulfilled, regardless of their background, income, or beliefs,” said principal Misty Smith.

The school has divided even charter school advocates, some of whom agree that it poses significant problems regarding church and state separation, a charge its supporters deny.

“For anyone to say, with a broad brush, that all charter schools are public schools is disingenuous because each state has a different program,” Brett Farley, the executive director of the Catholic Conference of Oklahoma, previously told The Hill. “We believe in Oklahoma that charter schools are non-state actors because our framework is very loose.”

Updated at 1:39 p.m. ET