Supporters see it as win for religious freedom and school choice, while opponents are gearing up to challenge its constitutionality.
US courts have long wrestled with the extent to which government funding can be used at private religious schools. And on June 5, 2023, Oklahoma’s five-person Statewide Virtual Charter School Board pushed this much-debated question into new territory by approving plans for a religious charter school—the first in the nation.
Under the proposed charter, St. Isidore of Seville Catholic Virtual School plans to open in the fall of 2024 with up to 500 K-12 students from across the state. The school would be run by the Roman Catholic Archdiocese of Oklahoma City and the Diocese of Tulsa, but, like all charter schools, would be paid for with taxpayer dollars.
School choice advocates have won key cases at the Supreme Court in recent years, opening up more ways for public dollars to support faith-based education. A charter school—privately operated, but publicly funded—would be the most dramatic of these challenges to how the separation of church and state applies to education.
“The approval of any publicly funded religious school is contrary to Oklahoma law and not in the best interest of taxpayers,” Oklahoma Attorney General Gentner Drummond said in a statement after the Monday vote, warning that the board and state will likely face legal challenges.
The key question is not whether a charter would help or harm local education, but whether explicitly religious instruction at charter schools is constitutional, given the First Amendment’s protections against government establishment of religion. Moreover, Oklahoma law requires charter schools to be nonsectarian.
Recent trend
Advocates of expanding public funding to faith-based schools have been encouraged by three recent Supreme Court cases that …