Attorney General Gentner Drummond has submitted briefs to the U.S. Supreme Court, urging them to deny certiorari in a case concerning St. Isidore of Seville Catholic Virtual Charter (SISVC) School. This case involves the potential establishment of the first state-sponsored religious public school in the United States.
The request follows an appeal by SISVC School and the Statewide Charter School Board to the nation's highest court after the Oklahoma Supreme Court ruled that the proposed school violated both state and federal constitutions.
Drummond's filing presents four main reasons for denying certiorari:
Firstly, it argues that "the St. Isidore proposal violates two provisions of the Oklahoma Constitution separate and apart from any First Amendment concerns." The brief further explains, “Any attempt by SISVC School to claim that its First Amendment arguments are intertwined with the state law decision is flawed.”
Secondly, there is no division among circuit court decisions on this matter. According to Drummond’s brief, “The Oklahoma Supreme Court’s analysis aligns with every circuit’s decision on whether charter schools are treated as state actors.”
Thirdly, Drummond suggests that St. Isidore's situation does not provide a suitable context for addressing constitutional issues at a national level. He states, “The Court would benefit from permitting this issue to percolate through the lower courts.” The unique nature of Oklahoma's laws governing charter schools complicates drawing broader conclusions applicable to other states.
Finally, Drummond maintains that "the Oklahoma Supreme Court decision was correct." The brief points out requirements within the sponsorship contract mandating SISVC School obtain state approval before implementing changes to Catholic doctrine teachings.
This submission reflects ongoing legal debates over religious liberty and educational policy within Oklahoma and potentially across other jurisdictions.