On April 30, the U.S. Supreme Court conducted oral arguments in the case of Oklahoma Statewide Charter School Board v. Drummond. The case could determine if religious organizations are eligible to operate charter schools and whether states can exclude them based solely on their religious affiliation. Liberty Justice Center submitted an amicus brief supporting an interfaith coalition, addressing comments from the Oklahoma Attorney General suggesting religious bias aimed at closing down the state's initial Catholic charter school.
The central question is whether Oklahoma’s action to bar religious schools from its charter school program breaches the Free Exercise Clause of the First Amendment, or if the state can validly use the First Amendment’s establishment clause to defend such exclusion. St. Isidore of Seville Catholic Virtual School, potentially the nation's first religious charter school, is at the heart of this case.
Liberty Justice Center presented amicus briefs on behalf of entities such as the Jewish Coalition for Religious Liberty and the Religious Freedom Institute’s Islam and Religious Freedom Action Team, arguing against the Oklahoma Supreme Court's decision that prevents religious entities from operating charter schools. Their filings assert that the Oklahoma Attorney General's stance is influenced by bias against minority religions, highlighted by derogatory remarks towards Islam and other faiths deemed unacceptable for public funding by many Oklahomans.
Justice Alito and Justice Gorsuch referenced the Liberty Justice Center’s brief during oral arguments, with comparisons to Masterpiece Cakeshop and concerns over religious animus suffusing the state's reasoning.
“Justices Gorsuch and Alito made clear what’s at stake: you can’t shut down a Catholic charter school just because you’re afraid a Muslim one might follow,” stated Dean McGee, Senior Counsel for Educational Freedom at the Liberty Justice Center. “That reeks of religious animus, and the Constitution forbids it. We’re proud to represent Muslim and Jewish organizations united against that kind of bigotry.”
Numerous justices and advocates indicated that a favorable decision for St. Isidore’s would enhance school choices for families in Oklahoma.
Liberty Justice Center’s involvement highlights the broader consequences for educational freedom and religious liberty across the nation. The ruling could establish a precedent for whether states are obliged to allow religious organizations equal participation in public benefit initiatives, including charter schools.
A decision from the Supreme Court is anticipated by the end of the current term.