On April 30, 2025, a significant gathering of school choice advocates took place outside the U.S. Supreme Court as the justices reviewed the case "Oklahoma Statewide Charter School Board v. Drummond." This case has stirred considerable debate regarding the intersection of education, religious freedom, and public policy.
Recently, a progressive watchdog group, Americans United for Separation of Church and State, announced its decision to withdraw its lawsuit against the state of Oklahoma concerning the proposed St. Isidore of Seville Catholic Virtual School. This initiative aimed to establish the first religious charter school in the United States, a move that has sparked both support and opposition across the nation.
In a press release, Americans United cited a recent Supreme Court decision that upheld a prior ruling against their efforts as a key factor in their decision to step back from the case. Rachel Laser, the organization’s president and CEO, expressed pride in their work alongside Oklahomans to safeguard inclusive public education and religious freedom. She stated, “While we celebrate victory in this case, AU continues to litigate two other church-state separation lawsuits in Oklahoma to stop Ryan Walters and his Christian Nationalist allies from imposing their religious beliefs on public school children.”
The controversy began when the Oklahoma Statewide Virtual Charter School Board voted 3-2 in June 2023 to approve St. Isidore, which was to be overseen by the Roman Catholic Archdiocese of Oklahoma City and the Catholic Diocese of Tulsa. However, the approval faced backlash from various groups, including the ACLU and the Freedom From Religion Foundation, who argued that taxpayer funds should not support a religious institution. Oklahoma Attorney General Gentner Drummond also opposed the charter school, filing a complaint against the board, which added fuel to the fire.
In a decisive move, the Oklahoma Supreme Court ruled 7-1 against the establishment of the religious charter school, determining that its approval violated the state’s constitution. Following this ruling, the charter school board rescinded the contract for St. Isidore, although they subsequently filed an appeal with the U.S. Supreme Court.
The case gained further attention when the U.S. Supreme Court heard the combined cases of Oklahoma Charter School Board, et al. v. Drummond and St. Isidore of Seville School v. Drummond in April. Notably, Justice Amy Coney Barrett recused herself from the proceedings due to personal connections to one of the school’s early advisers. Ultimately, the Supreme Court issued a per curiam opinion in May, ruling 4-4 to affirm the Oklahoma Supreme Court’s decision, thereby blocking the establishment of St. Isidore.
This ongoing legal battle highlights the broader national conversation about school choice, religious liberty, and the role of government in education. As debates continue, many are left wondering how this case will influence future legislation and the establishment of religious schools across the United States.
For those interested in staying informed about the latest developments in education and religious freedom, resources such as The Christian Post and Americans United for Separation of Church and State provide valuable insights and updates on these critical issues.