Attorneys file opening brief with Supreme Court to defend nation’s first Catholic charter school

CV NEWS FEED // Attorneys representing a virtual Catholic charter school that was denied approval to open in Oklahoma because of its religious affiliation filed an opening brief March 5 with the U.S. Supreme Court.

CatholicVote previously reported that St. Isidore of Seville Catholic School would have served as a virtual charter school and received public funding while still being operated privately. 

Though the Statewide Virtual Charter School Board approved the charter school in 2023, regardless of its Catholic affiliation, Republican Attorney General Gentner Drummond opposed its opening as a taxpayer-funded school because of its religiosity.

Lower courts, including the Oklahoma Supreme Court, have sided with Drummond, prompting St. Isidore to appeal to the Supreme Court. The school is represented by Alliance Defending Freedom (ADF), a nonprofit law firm.

ADF attorneys began proceedings March 5, filing an opening brief and asking the court to decide whether the school is affiliated with Oklahoma simply because it receives taxpayer funds to provide free education. Attorneys also ask the court to decide whether the state violates the Free Exercise Clause by precluding religious schools from its charter school program.

“As to charter schools, Oklahoma’s program invites diverse applicants, subjects them to less regulation, and empowers them to innovate and expand options,” the opening brief states. “The project is succeeding: Okla­homa’s charter-school students are thriving. But the decision below removes options and — by subjecting the schools to more regula­tion and liability — jeopardizes the entire program.”

ADF Chief Legal Counsel Jim Campbell stated in a news release that “Everyone should want more high-quality, no-cost education options for families, which is exactly what Oklahoma’s Statewide Charter School Board is providing.”

“Excluding faith-based groups like St. Isidore undermines that goal and hurts the families that desperately want and need those options,” he added.

As CatholicVote previously reported, the Supreme Court will hear oral arguments April 30.