In a case that could fundamentally reshape the relationship between public education and religious freedom, the U.S. Supreme Court heard arguments Tuesday, April 22, 2025, on whether states must allow religious institutions to operate taxpayer-funded public charter schools.
The dispute centers on St. Isidore of Seville Catholic Virtual School, a proposed online charter school in Oklahoma backed by the Archdiocese of Oklahoma City and the Diocese of Tulsa. Legal scholars say the case directly challenges long-standing principles of church-state separation and could drastically change public education nationwide.
“What’s at stake is the survival of our public school system as it now exists,” said Alex Luchenitser, associate legal director at Americans United for Separation of Church and State, which filed a brief supporting the state court’s decision.
Discrimination or Direct Funding?
The Oklahoma Supreme Court previously ruled that St. Isidore constituted a government entity, not an independent private institution, making it subject to constitutional prohibitions against public funding of religious organizations. Siding with the Oklahoma Attorney General, the state’s highest court found that allowing the school would violate the Establishment Clause of both the U.S. and Oklahoma constitutions.
St. Isidore and the Oklahoma Statewide Charter School Board are now urging the U.S. Supreme Court to reverse that decision. Represented by Alliance Defending Freedom, the school board argues the state is engaging in unconstitutional religious discrimination by excluding St. Isidore from a generally available public program.
“St. Isidore is a private entity, participating in a public program, and has constitutional rights that need to be respected,” said Jim Campbell, chief legal counsel at Alliance Defending Freedom.
Campbell cited precedents such as Trinity Lutheran v. Comer (2017), Espinoza v. Montana Department of Revenue (2020), and Carson v. Makin (2022), where the Supreme Court found that states could not exclude religious entities from public benefits programs simply because of their religious character.
However, opponents argue this case is different. Jessie Hill, a Case Western Reserve University law professor, pointed out that, unlike previous cases involving independent private institutions, St. Isidore would effectively be a state-created religious school—raising new constitutional concerns.
“This is direct public money going to a religious school that doesn’t even exist yet,” Hill said. “The state would be setting up the school, literally establishing a religious organization.”
The Oklahoma Supreme Court drew a clear distinction between private school funding and the establishment of a state-sponsored religious institution.
Broader Implications for Religious Freedom
The case—Oklahoma Statewide Charter School Board v. Drummond, No. 24-394—is one of three this term giving the Court’s conservative majority an opportunity to further expand religious rights. Other pending cases involve parental rights to opt children out of public school curricula that conflict with religious beliefs and the scope of religious tax exemptions.
“It’s very particular matters, but taken collectively, they could represent the continuation of a trend in favor of growing religious freedom,” said Brandon Paradise, a Rutgers Law School professor.
Religious rights advocates argue the Court is correcting an overreach in the interpretation of the Establishment Clause. Walter Weber, senior counsel at the American Center for Law and Justice, noted that the Free Exercise Clause of the First Amendment is “making a comeback” after decades of what he characterized as judicial imbalance.
The Court’s decision, expected later this year, could have sweeping consequences for how public education is funded and how religious organizations interact with government programs nationwide.
