This article was originally published in Oklahoma Voice.

OKLAHOMA CITY — A contract founding the nation’s 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 Oklahoma Supreme Court decided 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’s founding charter contract.

Get stories like these delivered straight to your inbox. Sign up for The 74 Newsletter

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

Related

‘Up in the Air’: Oklahoma Families in Limbo as Courts Decide on Religious Charter

The board’s unanimous vote on Monday included a provision to reinstate the contract if the U.S. Supreme Court “reverses, vacates or otherwise nullifies” the state Supreme Court’s 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, instead voting July 30 to join Catholic officials in their appeal strategy. The board’s 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’t want to “short circuit” the legal process.

“Our board is always going to be in compliance with a court order,” Shellem said after Monday’s meeting. “Now, there’s those who wanted to rush the process, but there was a process and this board will always respect the process.”

Related

Choice Supporters to Catholic Charter School Backers: ‘Proceed with Caution’

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

The odds are long that the nation’s highest court will take up the case. The U.S. Supreme Court receives more than 7,000 requests 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.

“While 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,” Drummond said in a statement after the meeting. “The proposed state-sponsored religious charter school, funded by our tax dollars, represents a serious threat to the religious liberty of all four million Oklahomans.”

Oklahoma Voice 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: info@oklahomavoice.com. Follow Oklahoma Voice on Facebook and X.