The Oklahoma Supreme Court has ruled against the opening of the first faith-based publicly funded charter school in the country, citing the state constitution and the Establishment Clause.
The Oklahoma Supreme Court has dealt a major blow to the plans for the first faith-based publicly funded charter school in the country, ruling that the school violates the state constitution's ban on religious instruction in public schools.
In a 6-2 decision, the court found that the St. Isidore of Seville Catholic Charter School would have violated the Establishment Clause of the U.S. Constitution, which prohibits the government from establishing an official religion. The court also found that the school violated the Oklahoma Constitution's prohibition on using public funds for religious purposes.
Taxpayer-Funded Faith-Based Charter School Blocked in Oklahoma
"Enforcing the St. Isidore Contract would create a slippery slope and what the framers' warned against – the destruction of Oklahomans' freedom to practice religion without fear of governmental intervention," Justice James R. Winchester wrote in the majority opinion.
Local religious leaders have expressed disappointment with the decision and plan to appeal to the U.S. Supreme Court.
Taxpayer-Funded Faith-Based Charter School Blocked in Oklahoma
"Today's ruling is very disappointing for the hundreds of prospective students and their families from across the state of Oklahoma who desired the educational experience and promise of St. Isidore of Seville Catholic Virtual School," said Archbishop Paul Coakley and Bishop David Konderla in a joint statement.
Oklahoma Attorney General Gentner Drummond, who filed the lawsuit that led to the court's ruling, hailed the decision as a victory for religious liberty.
Taxpayer-Funded Faith-Based Charter School Blocked in Oklahoma
"The framers of the U.S. Constitution and those who drafted Oklahoma's Constitution clearly understood how best to protect religious freedom: by preventing the State from sponsoring any religion at all," Drummond said in a statement.
The case has drawn national attention, as it is the first time a state supreme court has ruled on the constitutionality of a taxpayer-funded faith-based charter school. The U.S. Supreme Court has not yet ruled on the issue, so the Oklahoma court's decision could have implications for similar cases in other states.
Taxpayer-Funded Faith-Based Charter School Blocked in Oklahoma
Supporters of the school argue that it would provide parents with more educational options and that it would not violate the Establishment Clause because it would not promote any particular religion. Opponents of the school argue that it would undermine the separation of church and state and that it would lead to the use of public funds for religious purposes.
The court's decision is a setback for those who hope to see more faith-based charter schools, but it is not necessarily the end of the debate. The U.S. Supreme Court could still rule in favor of the school, and other states may consider passing laws that would allow for the creation of taxpayer-funded faith-based charter schools.
