Drummond asks U.S. Supreme Court to deny certiorari in St. Isidore case

Committed to ensuring religious liberty for all Oklahomans, Attorney General Gentner Drummond today filed briefs asking the U.S. Supreme Court to deny certiorari in a case involving what would be the nation’s first state-sponsored religious public school.

St. Isidore of Seville Catholic Virtual Charter (SISVC) School and the Statewide Charter School Board in October asked the nation’s high court to consider the case after the Oklahoma Supreme Court ruled that the proposed school violated both the Oklahoma and U.S. Constitutions.

Drummond’s filing outlines four chief reasons for the Supreme Court to deny certiorari:

1. The St. Isidore proposal violates two provisions of the Oklahoma Constitution separate and apart from any First Amendment concerns.
   
   “Any attempt by SISVC School to claim that its First Amendment arguments are intertwined with the state law decision is flawed,” states the brief. “Neither SISVC School nor the Board ever affirmatively sought to have the Oklahoma Supreme Court declare that Article I, Section 5 or Article II, Section 5 of the Oklahoma Constitution violate the U.S. Constitution.”
   
   
2. There is no split in circuit court decisions.
   
   “The Oklahoma Supreme Court’s analysis aligns with every circuit’s decision on whether charter schools are treated as state actors,” the brief states. “Any difference in outcomes is not based on disagreements over the applicable law. Instead, they are based on (i) different facts, (ii) vastly different histories of state-provided functions, (iii) arrangements that are more distant from the state, or (iv) all of the above.”
   
   
3. The facts of St. Isidore’s situation render it a “poor vehicle” for the U.S. Supreme Court to address constitutional considerations.
   
   The Attorney General notes that this is the first time a state has attempted to rubberstamp a religious public charter.
   
   “The Court would benefit from permitting this issue to percolate through the lower courts,” the brief states. “Moreover, whether SISVC School is a public or private school turns on the unique provisions of Oklahoma state law, and a decision in this case would offer little guidance regarding whether ‘charter schools’ in other states are public or private. Namely, each state has its own unique constitutional and statutory regime for regulating charter schools.”
   
   The brief also notes that the sponsorship contract “uniquely requires prior authorization from the State Board before SISVC School can make material changes to the State-approved Catholic curriculum. Therefore, it would be difficult for the Court to fashion a rule that would guide other courts in addressing this issue.”
   
   
4. The Oklahoma Supreme Court decision was correct.
   
   The sponsorship contract requires SISVC School to obtain State approval before it can teach any material revisions to Catholic doctrine mandated by the Pope. “It is hard to imagine a more clear-cut First Amendment violation,” the brief states.

Original source can be found here.