The conversation around the separation of church and state has been a heavily debated topic ever since the beginning of the establishment of the United States. On Tuesday, June 25th, 2024, the Oklahoma Supreme Court ruled against creating a publicly funded charter school in the city.
The process behind the decision made by the Court followed a string of a few major decisions in terms of whether or not the school would be constitutional. In the end, the Oklahoma Supreme Court made a sprusing decision that will shock you.
What Even is the Difference Between Public vs. Charter Schools?
Public schools and charter schools are both funded publicly. While there are many similarities between public and charter schools, there are a few differences. For example, a public school is more closely regulated by the government.
Public schools are also more obliged to follow the curriculum set for their operation by the state. On the other hand, charter schools have more flexibility with what they can teach their students. While they still have obligations and requirements they must meet, they have more wiggle room when it comes to the specific materials being taught in school.
Critical Oklahoma Charter Schools Act
In 1999, the Oklahoma Supreme Court ruled that a public school is the same as a charter school. Despite the minuscule differences between the two systems, both types of education are facilitated by a higher organization whether that be the government or any other federally recognized organization.
Because of this ruling in 1999, both public schools and charter schools are regarded the same way religiously in the sense that they must be completely non religious in their admissions, curriculum, and beliefs.
A Controversial Contract
In October of 2023, the Archdiocese of Oklahoma and the Diocese of Tulsa went to the Charter School Board. They wanted permission from the board to create St. Isidore, a publicly funded virtual charter school.
The board voted 3-2 to confirm this request, allowing the charter school to be created. The ruling would be effective on July 1, 2024.
Proud to be Religious
Upon request for the creation of St. Isidore, the creators of St. Isidore were proud in their goal for the school to be openly religious. They wanted to establish the institution as a Catholic school, created under religious values and operating in a religious fashion.
Because charter schools technically operate in a more nuanced, creative way to educate students, they thought this method would be allowed and celebrated.
Oklahoma Supreme Court Rundown
The Oklahoma Supreme Court consists of nine judges. Five of the judges were appointed by Republicans, and four were appointed by Democrats.
The Court was originally created to interpret the Constitution and have discussions around topics that require some form of debate. It was created in 1907 immediately when Oklahoma officially became a state to help citizens make big decisions.
A Constitutional Violation
Under the Oklahoma State Constitution, there must be no institution established that either assists just one religion, assists all religions, or shows favoritism to one religion over another. This clause is called the Establishment Clause, and would be violated under the creation of St. Isidore.
This aspect of the Constitution was originally created to give citizens religious freedom. Government officials did not want citizens to feel like any one religion is being pushed onto them in any method. They also didn’t want people to feel ashamed or embarrassed for practicing a certain religion or feel like they can’t express themselves.
The Voice Behind the Fight
Attorney General Gentner Drummond is the one that filed the lawsuit originally. He believed that though the Archdiocese of Oklahoma and the Diocese of Tulsa had good intentions when wanting to create St. Isidore, if the government allowed it to be created, it would set a precedent.
He claimed that it would make it easier for other religious institutions with intentions that may not be good to be created and funded by the government.
Dispute Between Politicians
The discussion about whether or not the school should be allowed to start was heavily debated between two influential Republican politicians in Oklahoma. Governor Kevin Stitt was very adamant about allowing the school, claiming that it would be good for education freedom in Oklahoma.
He was incredibly vocal in his opinions, advocating for the Supreme Court to rule in favor of establishing the school.
The Ultimate Decision
In the end, the court ruled against the creation of St. Isidore. Because charter schools must follow the same rules in terms of being religious as public schools, they are required to be nonsectarian at their core.
The creation of St. Isidore as a Catholic school would go against this ruling, making the school unconstitutional by the laws of the Oklahoma State Constitution.
Contract Rescinded
Even though the Charter School Board allowed for the creation of the school, the Supreme Court ruling made it so they had to rescind their contract with the Archdiocese of Oklahoma and the Diocese of Tulsa.
With the contract rescinded, the school was no longer allowed to be built. Any religious school under the ruling would not be allowed to be funded by civilian dollars and backed by the government.
Archdiocese Disappointed
After the ruling was made by the Court that his dream would not become a reality, the Archdiocese of Oklahoma was disheartened. He vocalized his opinions publicly, asserting that he only wanted families to have the choice to send their children to a religious institution for education.
He openly condoned the Court’s ruling to block the school’s establishment, claiming that they should be allowed to operate and feel discriminated against. He promised to continue to fight against the lawmakers that attempt to silence religious figures and will stay determined in his fight to provide children with opportunities for education in a religiously affiliated school.
