The case is Oklahoma Statewide Charter School Board v. Drummond, which could have national implications for private charter schools and private religious organizations contracting with the government.
Case Background
In 2023, St. Isidore of Seville Catholic Virtual School requested (and received) a contract to participate in Oklahoma's charter school program. The state program invited any private organization to participate.
St. Isidore became the first religious charter school in the nation. It was designed to serve low-income families and provide innovative, remote learning opportunities in one of the nation’s worst performing states for education quality.
Oklahoma’s Attorney General, Getner Drummond, sued the school and asked the Oklahoma Supreme Court to void the contract with St. Isidore. In June 2024, the Oklahoma Supreme Court sided with the Attorney General, and excluded St. Isidore from the charter school program, simply because it was religious.
Can the government discriminate against charter schools, simply because they are religious?
In an interesting twist, the Oklahoma Department of Education and State Board of Education sided with St. Isidore, seeking to uphold their right to freedom of religion as a private entity not controlled by the state government.
Objectively, education outcomes in Oklahoma are terrible. Oklahoma ranks 48 out of 50 states for Education quality. Michigan ranked almost as poorly, placing 45 out of 50 in a recent report.
During the 2022-2023 school year, about 30 charter schools operated in Oklahoma. Charter schools have seen significant growth nationwide since the government response to Covid. On the contrary, government schools have seen decreases in enrollment across wide demographics, stark contrast with growing charter school enrollment. Based on recent data, it appears this trend will continue nationwide.
Alliance Defending Freedom
St. Isidore is being defended by Alliance Defending Freedom (ADF), the world’s largest legal organization fighting for religious freedom, free speech, marriage and family, parental rights, and the sanctity of life.
“Excluding faith-based groups from serving as charter schools simply because they integrate faith in the classroom—as all public schools did until the late 1800s—undermines the board’s mission. And it hurts the families who pay taxes and desperately want faith-based options.”
- Kristen Waggoner, CEO, president, and general counsel of Alliance Defending Freedom
ADF points out that courts have ruled consistently that private, even religious, organizations should not be discriminated against by the government. Such private organizations do not become “state actors” simply because they receive taxpayer funding.
US Department of Justice
The US Department of Justice (DOJ) filed an amicus brief in the case. The DOJ argued in support of St. Isidore, saying: “because charters like St. Isidore possess Free Exercise rights, States like Oklahoma cannot exclude them from generally available public programs simply for being religious.”
The DOJ concluded: “Oklahoma has expressly discriminated against otherwise eligible recipients by disqualifying them from a public benefit solely because of their religious character.”
Governments regularly contract with religious organizations
This case has highlighted the prevalence of local, state, and federal governments contracting with private organizations, including religious institutions, to accomplish public requirements and deliver services.
In an amicus brief, the Manhattan Institute argued: “Communities across the country depend on faith-based groups to provide vital services related to child welfare, healthcare, shelter, and much more. If religious organizations are required to retreat from public service, these resources will be lost to those who need them most.”
Refugee assistance
If the government can contract with religious organizations for healthcare, emergency shelters, and refugee assistance, why can’t it contract with religious charter schools to meet a critical public need?
Parents know their kids better than any school system ever will. Families deserve the freedom to choose the right academic path for their children. The First Amendment is for everyone, including private entities that contract with the government.
Charter schools in Ottawa County
Only 6 out of 287 charter schools in Michigan are located in Ottawa County. Charter schools can be authorized by local school boards, state universities, community colleges, and intermediate school districts (MCL 380.501). The state maintains a map of all active charter schools, which you can see by clicking here. Michigan law excludes religious organizations from creating a charter school, which is what the Department of Justice called “discrimination” and Justice Kavanaugh called “rank discrimination against religion.”
The State of Michigan says on their website that any charter school that uses a building with religious symbols must "cover up" the symbols.
How will the US Supreme Court rule?
The case will likely be decided in June or July, but it’s difficult to predict the outcome. In recent cases, the US Supreme Court ruled that when government creates a program and invites all “private organizations” to participate, it cannot single out an entity simply for being "religious." To do so is to discriminate against religion, therefore violating the First Amendment.
The government must treat all organizations equally and protect everyone's God-given rights. Discriminating against organizations on the sole basis of religion violates the free exercise clause of the First Amendment.
Will the US Supreme Court side with the State of Oklahoma or St. Isidore?
Only time will tell.
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