EdChoice supports religious freedom case involving Oklahoma charter schools before SCOTUS

EdChoice has announced its involvement in a significant religious freedom and school choice case currently before the Supreme Court of the United States. The organization is advocating for the inclusion of nonprofit schools offering religious instruction within Oklahoma's charter school program.

EdChoice's legal division, EdChoice Legal Advocates (EdLA), has submitted a brief in support of St. Isidore of Seville Catholic Virtual School and the Oklahoma Statewide Charter School Board. These entities are appealing against a lower court ruling issued in a lawsuit by the Oklahoma Attorney General. The Attorney General, Gentner Drummond, aims to prevent the board from granting a charter to St. Isidore, claiming it would breach the separation of church and state. The Supreme Court is scheduled to hear the case on April 30. A ruling in favor of the appeal could lead to St. Isidore's establishment as the first religious charter school in the United States.

Thomas Fisher, Executive Vice President and Director of Litigation at EdChoice, stated, "The Oklahoma Supreme Court wrongly assumed that granting a charter to St. Isidore transforms it into a government entity. But a charter is merely a contract; it does not create or control the school—nor does every government contract convert a private institution into a state actor. The Supreme Court has already rejected the argument that public funding alone is enough to erase an entity’s private status."

The central question is whether St. Isidore, as a private entity, falls under the same restrictions as government agencies. Fisher noted, "Because Oklahoma does not control the instruction at charter schools, denying St. Isidore's charter is discrimination against religious education, the very type of exclusion the Supreme Court has previously outlawed."

The brief has been joined by other organizations including Americans for Prosperity Foundation, Atlantic Legal Foundation, and yes. every kid. foundation. For further information or to speak with Thomas Fisher, contact Chantal Fennell at [email protected].