School choice supporters protest exclusion of religious charter in Supreme Court case

Dozens of school choice advocates gathered outside the Supreme Court on Wednesday as justices debated whether public funds could be directed to religious charter schools. The protesters held signs with messages like “all students, all options, all dollars” and “free to learn,” advocating for increased access to alternative education options, particularly for students who struggle in traditional public school settings.

The case at hand, St. Isidore of Seville Catholic Virtual School v. Drummond, challenges a decision by the Oklahoma Supreme Court that deemed a contract establishing St. Isidore – a publicly funded, Catholic online school – as a violation of state and federal laws. Advocates argue that excluding religious schools from state-run charter programs amounts to unconstitutional discrimination.

Kate Anderson, an attorney at ADF working on the case, emphasized the importance of treating religious and secular organizations equally under the Free Exercise Clause. She stated, “The state excluded St. Isidore simply because of its religious character, that’s wrong and bad for parents.”

For parents like Contina Jones, whose son struggled in traditional public schools, having access to alternative educational options is crucial. Jones shared, “Every child, regardless of zip code, should be able to go to a school that is for them and their families.”

The Supreme Court is tasked with determining whether a religious charter school should receive the same treatment and funding as a secular one, potentially reshaping the boundaries between church and state in public education. Thomas Fisher, executive vice president of EdChoice, highlighted that charter schools offer diverse curricula and should be allowed to exercise their religious freedom under the First Amendment.

The lawsuit against St. Isidore was filed by Oklahoma Attorney General Gentner Drummond, who argued that public funds should not support religious institutions to prevent government endorsement of religion. The Oklahoma Supreme Court agreed with Drummond, citing concerns about state-sponsored religious indoctrination if the school was approved as a religious charter.

Supporters of St. Isidore believe that the case presents an opportunity to expand educational options for families. John Tidwell, Oklahoma state director of Americans for Prosperity, described it as a test for similar schools nationwide. Erika Donalds, chair of America First Policy Institute’s Center for Education Opportunity, emphasized the importance of expanding the free market of education and providing families with high-quality options.

The outcome of the case, expected by the end of June, could have far-reaching implications for charter school policies and religious liberty jurisprudence nationwide. With bipartisan support for school choice, advocates are hopeful that families will have the freedom to choose educational options that best suit their children.