Attorney General Kris Mayes, along with 17 other attorneys general, has filed a brief with the U.S. Supreme Court urging the rejection of the establishment of a publicly funded religious charter school. The brief is in response to the case Oklahoma Statewide Charter School Board v. Drummond, which challenges a ruling by the Oklahoma Supreme Court declaring the approval of such a school unconstitutional.
The case revolves around St. Isidore of Seville Catholic Virtual School, approved by the Oklahoma Statewide Charter School Board in 2023 to function as a public charter school with a religious purpose. In 2024, the Oklahoma Supreme Court deemed this approval in violation of both state and federal constitutions. The decision has been appealed to the U.S. Supreme Court, which will hear the case this month.
Attorney General Mayes stated, "Charter schools are not private schools – they are public schools. Allowing religious charter schools would force states to choose between violating the Constitution or dismantling their public charter systems."
The submitted brief argues that charter schools, as public entities, must adhere to secular principles under the First Amendment. While they are designed to involve parents and educators more directly in school governance, they must still comply with constitutional requirements by remaining open to all students and not providing religious instruction.
According to the brief, all states with charter school systems mandate them to be non-religious. Permitting religious charter schools could contravene existing laws, leaving states in a difficult position of either supporting religious instruction in public schools or shutting down charter programs to remain constitutional. The attorneys general emphasize that decisions on the structure and governance of public schools should be decided by states and not federal courts.
The brief further warns that altering the legal classification of charter schools could impact their funding and operations. Since many states consider charter schools as public entities, reclassifying them as private could disrupt substantial investments in public education infrastructure.
The states joining Arizona in this initiative include California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Washington.