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A first-of-its-kind public Catholic school proposed for Oklahoma students is unconstitutional and can鈥檛 open, the state Supreme Court ruled on Tuesday, scuttling plans by the Catholic Archdiocese of Oklahoma this August to open a virtual K-12 charter school named for the patron saint of the internet.

St. Isidore of Seville Virtual Charter School was already recruiting staff and registering students, officials said earlier this month 鈥� and it was awaiting about $1.2 million in state funds, due next week. But in a closely watched 6-2 ruling, the state鈥檚 high court said the Statewide Virtual Charter School Board’s vote last year to approve the school violates both the Oklahoma and U.S. constitutions, as well as state law, which requires public schools to be nonsectarian.

“Enforcing the St. Isidore Contract would create a slippery slope and what the framers warned against 鈥� the destruction of Oklahomans’ freedom to practice religion without fear of governmental intervention,鈥� the justices wrote.

The court directed the board to rescind its contract with St. Isidore, but the case will almost certainly be appealed, possibly as far as the U.S. Supreme Court. 

In a , the Archdiocese said the ruling was 鈥渧ery disappointing for the hundreds of prospective students and their families from across the state鈥� hoping to attend the school this August.

The Archdiocese said it will consider its legal options, but that it remains committed to its belief that St. Isidore 鈥渃ould still be a valuable asset to students, regardless of socioeconomic, race or faith backgrounds.鈥�

It said the school has received 200-plus applications for admission.

Oklahoma Attorney General Gentner Drummond, who sued last October to stop the school from opening, said Tuesday鈥檚 decision was 鈥渁 tremendous victory for religious liberty,鈥� ensuring that Oklahomans 鈥渨ill not be compelled to fund radical religious schools that violate their faith.鈥�

The framers of both the U.S. and state constitutions 鈥渃learly understood how best to protect religious freedom,鈥� Drummond said: 鈥渂y preventing the State from sponsoring any religion at all. Now Oklahomans can be assured that our tax dollars will not fund the teachings of Sharia Law or even Satanism.鈥�

In a court hearing on the school in April, Drummond said members of Oklahoma鈥檚 Virtual Charter School Board 鈥渂etrayed their oath of office鈥� in June 2023, when they voted 3-2 to approve a charter with the Catholic church to open the school.

Drummond told the justices he couldn鈥檛 get behind the state鈥檚 plan to begin transferring public funds, in what would have been a matter of days, to St. Isidore. 鈥淥n July 1,鈥� he said, 鈥渨e will violate the law.鈥�

The attorney for the school said St. Isidore is a private entity, and signing a contract with the state did not turn it into a public one. 

It鈥檚 not clear what Tuesday鈥檚 ruling means for a second court case brought by a coalition of parents and advocates, including the ACLU, which is seeking to block the school from opening or receiving public funds. 

In that case, slated for a July 24 hearing in an Oklahoma County district court, opponents argue that the school will discriminate against LGBTQ students and those with disabilities, as well as families and staff who don鈥檛 follow Catholic teachings. 

Charters 鈥榤ay not be religious institutions鈥�

Tuesday鈥檚 ruling represents a huge, but perhaps temporary, victory for those who maintain that charter schools are public schools, subject to traditional separation of church and state.

Eric Paisner, acting CEO for the National Alliance for Public Charter Schools, said the ruling affirmed 鈥渢he unconstitutionality of religious public schools,鈥� calling it 鈥渁 resounding victory for the integrity of public education鈥� that protects families鈥� constitutional rights.

, a law professor at the University of South Carolina, called the ruling 鈥渁 masterclass in cutting through the rhetoric that has muddied legal waters in recent years. The Court makes clear that charter schools are not private schools and must comply with the federal constitution like any other public school.鈥�

Black said the court also offered important historical nuance: While proponents of religious schools claim bans on funding them are born of 鈥渞eligious bigotry,鈥� he said the Oklahoma high court explained that Oklahoma鈥檚 original constitutional limit on funding religion 鈥渨as really an attempt to prevent government from sinking its teeth into religion.鈥�

Supporters of the school say that since it’s a school of choice, the state isn’t forcing any student to attend, so it isn’t establishing religion. And they maintain that public funding of charters can鈥檛 exclude religious schools.

Oklahoma Gov. Kevin Stitt said government agencies 鈥渃an鈥檛 choose who gets state dollars based on a private entity鈥檚 religious status.鈥�

He said the decision 鈥渞estricts the choices available to Oklahomans,鈥� but that he remains 鈥渉opeful the U.S. Supreme Court will hear the case and grant St. Isidore the right to establish their school.鈥�

John Meiser, director of the Religious Liberty Clinic at Notre Dame Law School, which is representing St. Isidore in the lawsuit, said the school is considering its legal options. He said the court鈥檚 鈥渄ecision to condone unconstitutional discrimination against religious educators and the children they serve is one that the school will continue to fight.鈥�

St. Isidore, he said, 鈥渕erely seeks to join Oklahoma’s diverse array of charter schools, bringing educational choice and opportunity to communities and families in need.鈥�

The controversy over the school takes place amid a larger effort by Oklahoma officials to ensure that public school students whose parents approve receive religious instruction during the school day. Stitt earlier this month signed a law saying districts can allow students to take up to three religious-related classes each week and receive elective credit.

But Oklahoma State Superintendent of Public Instruction Ryan Walters, a supporter of the effort, has sought to cut access to such classes by non-traditional religious groups. He warned that the , which plans to make its available to students, is not welcome. In 2019, the Internal Revenue Service granted the temple tax-exempt status, but Walters has said he doesn鈥檛 consider satanism a religion.

In a statement, Walters said the high court 鈥済ot it wrong,鈥� misunderstanding key cases involving the First Amendment and discrimination against Christians based on their faith. 鈥淥klahomans have demanded school choice, not religious targeting,鈥� he wrote.

Walters said contracting with a charter school doesn鈥檛 violate the Establishment Clause of the First Amendment, adding that enrollment demand for St. Isidore proves that Oklahoma parents 鈥渨ant more choices for their kids鈥� educations 鈥� not fewer.鈥�

74 senior writer Linda Jacobson contributed to this report.

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