The Supreme Court announced Friday that it will hear a case to determine whether the nation’s first publicly funded religious charter school can open in Oklahoma, setting the stage for a major religious liberty ruling later this term.
The justices granted review in OK Charter School Board, et al. v. Drummond, Att’y Gen. of OK and St. Isidore of Seville Sch. v. Drummond, Att’y Gen. of OK, consolidating the two cases into one and allotting one hour for oral arguments. Petitioners must file briefs by March 5, with responses due by March 31 and replies by April 21. Justice Amy Coney Barrett did not participate in the decision to grant review.
The appeal challenges a July ruling by the Oklahoma Supreme Court that blocked the Oklahoma Statewide Charter School Board from approving a charter for St. Isidore of Seville Catholic Virtual School due to its religious affiliation. The state’s high court determined that a religious charter school would violate state constitutional provisions.
The petitioners, represented by Alliance Defending Freedom, argued that the ruling discriminates against St. Isidore and violates constitutional protections for religious freedom, citing recent Supreme Court precedents like Carson v. Makin. In that 2022 decision, the court struck down a Maine law that excluded religious schools from a public tuition program, holding that the free exercise clause prohibits such discrimination.
Jim Campbell, ADF chief legal counsel, said he was “pleased the U.S. Supreme Court will hear this case, which is of the utmost import to families and children in Oklahoma and throughout the country.”
“The U.S. Constitution protects St. Isidore’s freedom to operate according to its faith and supports the board’s decision to approve such learning options for Oklahoma families,” Campbell added.
Oklahoma Attorney General Gentner Drummond, a Republican who announced a bid for governor in 2026, initiated the lawsuit against the Catholic charter school, warning that taxpayer-funded religious charter schools could lead to funding for other religious indoctrination, including “radical Islam or even the Church of Satan.”
Several groups against the Catholic charter school released a statement Friday asking the Supreme Court to uphold the state Supreme Court’s findings against St. Isidore.
“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,” said a joint statement from groups including the Americans United for Separation of Church and State, the American Civil Liberties Union, Education Law Center, and Freedom From Religion Foundation.
The case underscores growing national debates about religious liberty, public funding for education, and the intersection of state action with constitutional protections. ADF’s petition also raised broader questions about state action, arguing for immediate intervention to resolve circuit splits over the matter.
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The justices’ decision to take up this case reflects the Supreme Court’s increasing interest in religious liberty disputes, an area where it has recently expanded protections. A ruling in favor of St. Isidore could set a significant precedent for religious schools nationwide, reshaping the landscape of public education funding.
Oklahoma Superintendent of Public Instruction Ryan Walters, a more Trump-aligned Republican who has been rumored to consider a bid for governor, has championed efforts to bring Christian values into the state’s public education system, called the Oklahoma Supreme Court’s decision “shameful” and expressed support for St. Isidore’s appeal.
