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OKLAHOMA CITY 鈥� A contract founding the nation鈥檚 first religious charter school is now void, but it could be reestablished if the U.S. Supreme Court were to rule in favor of the school. 

In its fourth time considering the measure, the Oklahoma Statewide Charter School Board finally agreed on Monday to rescind its contract with St. Isidore of Seville Catholic Virtual School, effectively blocking the school from opening as a state-funded entity. St. Isidore, named for the patron saint of the internet, had already agreed not to attempt to open nor accept public funding in the 2024-25 school year.

The on June 25 that the concept of a publicly funded, state-established school that endorses a religion is unlawful and unconstitutional. In doing so, the Court ordered the state board to invalidate St. Isidore鈥檚 founding charter contract. 

The Archdiocese of Oklahoma City and the Diocese of Tulsa, which created the school, . Advocates for St. Isidore say denying the school of public funds because it is Catholic violates the right to religious freedom.

The board鈥檚 unanimous vote on Monday included a provision to reinstate the contract if the U.S. Supreme Court 鈥渞everses, vacates or otherwise nullifies鈥� the state Supreme Court鈥檚 ruling. Father Stephen Hamilton, pastor of St. Monica Catholic Church in Edmond, prays before a meeting of the Statewide Charter School Board on Aug. 12 at the Oklahoma History Center in Oklahoma City. (Photo by Nuria Martinez-Keel/Oklahoma Voice)

The Statewide Charter School Board had declined multiple times to void the contract, . The board鈥檚 cooperation with Catholic officials was evident again on Monday when it had Father Stephen Hamilton, of St. Monica Catholic Church in Edmond, pray at the beginning of its meeting.

Chairperson Brian Shellem said the board was waiting for an appeals window to close and for further clarification from the Court on the ruling. He said last month that the board intended to follow the Court order but didn鈥檛 want to 鈥渟hort circuit鈥� the legal process.

鈥淥ur board is always going to be in compliance with a court order,鈥� Shellem said after Monday鈥檚 meeting. 鈥淣ow, there鈥檚 those who wanted to rush the process, but there was a process and this board will always respect the process.鈥�

Shellem said an appeal to the U.S. Supreme Court has not yet been filed.

The odds are long that the nation鈥檚 highest court will take up the case. The U.S. Supreme Court a year to review cases, of which it agrees to hear about 100 to 150.

Meanwhile, pressure to rescind the contract mounted from Attorney General Gentner Drummond, who sued to strike down the school. Drummond asked the state Supreme Court to threaten a contempt citation against the board members if they again refused to follow the order in their meeting Monday. 

Anyone held in contempt of a court order could face a fine of up to $500 or imprisonment up to six months, or both, according to state law.

鈥淲hile it is appalling that the board took so long to recognize the authority of the Oklahoma Supreme Court, I am pleased that board members finally fulfilled their duty,鈥� Drummond said in a statement after the meeting. 鈥淭he proposed state-sponsored religious charter school, funded by our tax dollars, represents a serious threat to the religious liberty of all four million Oklahomans.鈥�

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Oklahoma Voice maintains editorial independence. Contact Editor Janelle Stecklein for questions: [email protected]. Follow Oklahoma Voice on and .

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