‘Bad for parents’: School choice supporters protest exclusion of religious charter in Supreme Court case
Dozens of school choice advocates gathered outside the Supreme Court Wednesday as justices weighed whether public funds could go directly to religious charter schools.
The protesters rallied and held signs that said “all students, all options, all dollars” and “free to learn,” as they advocated for expanded access to alternatives to traditional public schools, especially for students who struggle in those settings.
The case, St. Isidore of Seville Catholic Virtual School v. Drummond, challenges a ruling by the Oklahoma Supreme Court that struck down a contract establishing St. Isidore – a publicly funded, Catholic online school – as a violation of state and federal law. Now before the U.S. Supreme Court, advocates argue that excluding religious schools from state-run charter programs amounts to unconstitutional discrimination.
“The court has time and time again said that the Free Exercise Clause demands that the government treat religious and secular organizations the same, and that’s not what happened here. The state excluded St. Isidore simply because of its religious character, that’s wrong and bad for parents,” said Kate Anderson, an attorney at ADF working on the case.
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For students like Contina Jones’ son, public schools are not always a good fit. “He was very sad, very emotional every day, he was overstimulated, teachers were in and out, and I needed something that was able to cater to how my son learns,” said Jones, a Mississippi resident who joined the crowd outside the court. “Every child, regardless of zip code, should be able to go to a school that is for them for their families.”
The justices are being asked to weigh whether a religious charter school is entitled to the same treatment and funding as a secular one – a question that could redefine how states draw the line between church and state in public education.
“Charter schools are not public schools in the same way as traditional ones,” said Thomas Fisher, executive vice president of EdChoice. “They’re designed to have curricula other than what public schools provide. The First Amendment protects their free exercise and doesn’t prohibit them from exercising their religion.”
At issue is whether the school should be considered a public school – which have largely been considered as extensions of the state government, and required to be nonreligious under the Establishment Clause – or whether it should be considered private entities or contractors.
Oklahoma Attorney General Gentner Drummond, a Republican who is running for governor, filed the lawsuit against the school, stating that the establishment of St. Isidore would violate both the Oklahoma Constitution and the Establishment Clause of the U.S. Constitution. Public funds should not be used to support religious institutions, he emphasized, asserting that such a move could set a dangerous precedent for government endorsement of religion.
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The Oklahoma Supreme Court agreed with Drummond’s assessment, ruling that charter schools are public entities and must remain nonsectarian. The court’s decision highlighted concerns that approving St. Isidore as a religious charter school could lead to state-sponsored religious indoctrination, undermining the neutrality of public education.
“The key here is that this school is its own school. This school is not a state school – it’s a charter school. It has the ability to set its own curriculum,” added John Tidwell, Oklahoma state director of Americans for Prosperity.
He called the case a “great test to see what the opportunity is for similar schools all across the country.”
“We’re really excited by this opportunity.”
Erika Donalds, chair of America First Policy Institute’s Center for Education Opportunity, echoed the sentiment, framing the case as a potential expansion of “the free market of education.”
“St. Isidore is just one example of many high-quality options that are out there that could be chartered for families,” Donalds said. “The Supreme Court has struck down discrimination against religious institutions in other contexts. If they can offer high-quality education, families should be able to access those options with public funds.”
Donalds emphasized that the choice remains with families. “Parents are not required to choose a religiously affiliated charter school, but they should have the option to do so — so long as financial and academic accountability measures are met.”
She also pointed to bipartisan support for school choice nationwide.
“We’ve seen polling that shows 70% of Republicans, nearly 70% of Democrats, and Independents all support school choice. This movement has momentum, and it’s not going to stop.”
The court’s ruling, expected by the end of June, could have sweeping implications for charter school policy and religious liberty jurisprudence across the country, and comes at a time when 45 U.S. states currently authorize charter schools.
Fox News’ Breanne Deppisch contributed to this report.
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