Supreme Court to Consider Significant Conflict Between Church and State
The case will be determined by eight justices, as Justice Amy Coney Barrett intends to recuse herself.
Conservative legal groups and officials from eight states led by conservative leadership have urged the Supreme Court to overturn a ruling from an Oklahoma court last year, which blocked plans for the St. Isidore of Seville Catholic Virtual School.
The Oklahoma justices ruled that a contract between the state’s charter school board and the religious institution violated both state and federal constitutions, a decision that split influential members of the state’s Republican Party.
This ruling has become a pivotal moment in the push to create a test case that would prompt the court's conservative majority to reconsider its interpretation of the First Amendment's Establishment Clause, potentially paving the way for a new approach to public education that supporters believe would enhance religious freedom and school choice.
"This stands to be one of the most significant religious and education freedom decisions in our lifetime," stated Oklahoma Republican Gov. Kevin Stitt, a prominent proponent of St. Isidore. "I believe our nation’s highest court will agree that denying St. Isidore’s charter based solely on its religious affiliation is flat-out unconstitutional. We’ve seen ugly religious intolerance from opponents of the education freedom movement, but I look forward to seeing our religious liberties protected both in Oklahoma and across the country.”
The case will be deliberated by eight justices, as Justice Amy Coney Barrett has chosen to recuse herself without providing a reason for her decision.
The Supreme Court's decision to take on the case at this specific time is notable and indicates that the justices may hear arguments in the spring, close to the end of the term.
The announcement lays the groundwork for what is expected to be a contentious court confrontation, featuring Oklahoma Republican Attorney General Gentner Drummond alongside various conservative organizations backing St. Isidore's case.
Drummond found himself at odds with Gov. Stitt’s administration and State Schools Superintendent Ryan Walters soon after his 2023 election when he retracted a legal opinion that had permitted publicly funded religious charter schools in Oklahoma. He has consistently expressed his office's opposition to St. Isidore following its approval by a statewide board.
"St. Isidore and the Archdiocese of Oklahoma City and the Diocese of Tulsa are grateful the U.S. Supreme Court has taken on our case," remarked Brett Farley, the executive director of the Catholic Conference of Oklahoma, expressing hope for the opportunity to present their case to the highest court. "We look forward to the opportunity to present the case to the highest court in the land, with hope we can soon provide a premium, virtual education to Oklahoma families."
Jim Campbell, the chief attorney for the conservative Alliance Defending Freedom representing Oklahoma’s charter school board, noted the "great irony" in state officials who advocate for religious liberty while allegedly discriminating against St. Isidore due to its Catholic beliefs.
In response, Drummond's office stated, "the Office of the Attorney General looks forward to presenting our arguments before the Supreme Court."
Josh Gerstein contributed to this report.
Navid Kalantari contributed to this report for TROIB News