Oklahoma Court: Public Funds for Religious Charter School is Unconstitutional

Oklahoma Court: Public Funds for Religious Charter School is Unconstitutional

The Oklahoma Supreme Court has ruled that public funding for a religious charter school is unconstitutional. This decision halts the establishment of St. Isidore of Seville Catholic Virtual School, which would have been the first publicly funded religious charter school in the U.S.

Key Points:

  • Court Decision: The ruling was 7-1, with one justice partially concurring and another, Chief Justice John Kane IV, recusing himself. Justice Dana Kuehn dissented.
  • Constitutional Grounds: The court emphasized that a charter school is a public institution under state law and cannot be used to promote religious education while receiving state funds.
  • Implications: This decision is a significant setback for conservatives and Oklahoma’s GOP governor, who have been advocating for the inclusion of religious groups in public education.
  • Public Reaction: The ruling has sparked a debate on the separation of church and state, with supporters arguing it upholds constitutional principles, while opponents claim it restricts educational choice.


  • Supporters of the Ruling: They argue that using public funds for religious education violates the constitutional separation of church and state. They believe this decision protects public education from religious influence.
  • Opponents of the Ruling: They contend that the decision limits educational options for parents and students who prefer a religious curriculum. They argue that it discriminates against religious institutions.

This ruling underscores the ongoing tension between religious freedom and the constitutional mandate for separation of church and state in the context of public education.

Frequently Asked Questions

What is a charter school?

A charter school is a publicly funded school that operates independently of the traditional public school system. It has more flexibility in its curriculum and operations but is still accountable to public education standards.

Who was St. Isidore of Seville?

St. Isidore of Seville was a 7th-century Spanish bishop and scholar. He is known for his encyclopedic knowledge and is considered the patron saint of the internet and computer users.

What is the Blaine Amendment?

The Blaine Amendment refers to constitutional provisions in many U.S. states that prohibit the use of public funds for religious schools. It’s named after James G. Blaine, who proposed a similar federal amendment in the 1870s.

How are charter schools typically funded?

Charter schools are primarily funded by public money, similar to traditional public schools. They receive per-pupil funding from the state based on their enrollment.

What is the difference between a private religious school and a religious charter school?

Private religious schools are privately funded and can freely incorporate religious teachings. A religious charter school would be publicly funded but aim to include religious elements in its curriculum, which is the source of legal controversy.

Has there ever been a publicly funded religious charter school in the U.S.?

As of 2024, there has never been a publicly funded religious charter school in the U.S. The Oklahoma case was an attempt to establish the first one.

What is the Establishment Clause?

The Establishment Clause is part of the First Amendment to the U.S. Constitution. It prohibits the government from establishing an official religion or unduly favoring one religion over another.

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