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WASHINGTON (OSV News) — The U.S. Supreme Court said Jan. 24 it would take up a case concerning the Archdiocese of Oklahoma City’s effort to establish the St. Isidore of Seville Catholic Virtual School, which would be the nation’s first publicly funded religious charter school if it survives the challenge.

If the high court ultimately sides with the school, the case could result in allowing public dollars to directly fund religious schools for the first time, a departure from longstanding norms about legal interpretation of the First Amendment’s Establishment Clause.

A state school board in Oklahoma had voted in June 2023 to approve an application by the Archdiocese of Oklahoma City to establish the St. Isidore of Seville Virtual School. Proponents of that effort argued the proposed Catholic school met all criteria for approval as a charter school and should not be discriminated against for its religious identity. But some education activists and other opponents called it a violation of the separation of church and state, and objected to the use of public funds for the school, filing a lawsuit asking a state court to block the funds.

The case placed the state’s governor and attorney general — both Republicans — at odds over the school board’s decision to provide taxpayer funds for the Catholic school, with the governor backing the effort but the attorney general calling it unconstitutional.

State supreme court ruled against school

In June, the Oklahoma Supreme Court ruled the state contract with the religious school was in violation of state laws, the state constitution and the U.S. Constitution.

Justice James Winchester wrote in the majority opinion that state law requires a public charter school to be nonsectarian, arguing that the Oklahoma Constitution prohibits the state from using public money for the benefit or support of any religious institution. A 2016 ballot measure in the state would have repealed that measure, but voters rejected that effort. But supporters of the effort appealed to the nation’s highest court. 

John Meiser, associate clinical professor and director of the Lindsay and Matt Moroun Religious Liberty Clinic at the University of Notre Dame, which is representing the school, said in a Jan. 24 statement that the court’s decision “to hear this case underscores the critical rights at stake for educators of all faiths and families across Oklahoma.”  

“We are proud to continue to work to ensure that St. Isidore may fulfill its mission to serve children and communities in need by bringing a vital new educational opportunity to all families in Oklahoma,” Meiser said.

School, archdiocese grateful high court has taken case

In a December court filing, Oklahoma’s Attorney General Gentner Drummond argued the state’s supreme court ruled correctly in the case, and that further arguing the case could backfire on the school, as it would give the state oversight of its Catholic curriculum. 

If the pope were to issue “an Encyclical Letter or a Third Vatican Council,” Drummond argued, it “could create material expansions or revisions of Catholic doctrine.” 

“Under the charter, (St. Isidore) would be prohibited from instructing students on such teachings unless and until the State approves of the Church’s new teachings,” he said. 

Brett Farley, executive director of the Catholic Conference of Oklahoma, said in a statement provided to OSV News, “St. Isidore and the Archdiocese of Oklahoma City and the Diocese of Tulsa and Eastern Oklahoma are grateful the U.S. Supreme Court has taken on this religious liberty case.”

“We look forward to the opportunity to present the case in the highest court in the land, with the hope we can soon provide a premium, virtual Catholic education to Oklahoma families,” the statement said.

The court indicated Justice Amy Coney Barrett will recuse herself from the case. No official reason was given for her decision, but Barrett was previously a law professor at Notre Dame. 

Kate Scanlon is a national reporter for OSV News covering Washington. Follow her on X @kgscanlon.