On April 30, the U.S. Supreme Court heard oral arguments in Oklahoma Statewide Charter School Board v. Drummond, a case that could determine whether religious organizations may operate charter schools—and whether states may exclude them solely because of their faith. The Liberty Justice Center filed an amicus brief on behalf of an interfaith coalition, highlighting comments from the Oklahoma Attorney General that suggest religious bias as the driving force to shut down the state’s first Catholic charter school.
At issue is whether Oklahoma’s exclusion of religious schools from its charter school program violates the First Amendment’s Free Exercise Clause, or whether the state can justify such an exclusion by invoking the First Amendment’s establishment clause. The case centers on St. Isidore of Seville Catholic Virtual School, which would be the nation’s first religious charter school.
The Liberty Justice Center, on behalf of the Jewish Coalition for Religious Liberty, the Religious Freedom Institute’s Islam and Religious Freedom Action Team, and the Abraham Knowledge Academy, submitted amicus briefs urging the Court to overturn the Oklahoma Supreme Court’s ruling that prohibits religious organizations from operating charter schools. LJC’s filings argue that the Oklahoma Attorney General’s opposition to religious charter schools is motivated by animus against minority religions, as evidenced by his repeated derogatory references to Islam and other faiths that “most Oklahomans would consider reprehensible and unworthy of public funding.”
During oral arguments yesterday, both Justice Alito and Justice Gorsuch pointed to concerns raised in the Liberty Justice Center’s amicus brief, invoking Masterpiece Cakeshop and warning of a “reek” of religious animus in the state’s rationale.
“Justices Gorsuch and Alito made clear what’s at stake: you can’t shut down a Catholic charter school just because you’re afraid a Muslim one might follow,” said Dean McGee, Senior Counsel for Educational Freedom at the Liberty Justice Center. “That reeks of religious animus, and the Constitution forbids it. We’re proud to represent Muslim and Jewish organizations united against that kind of bigotry.”
Multiple justices and advocates agreed that a ruling in favor of St Isidore’s would only increase school choice for Oklahoma families.
LJC’s involvement underscores the broader implications of the case for educational freedom and religious liberty nationwide. The outcome could set a precedent for whether states must allow religious organizations to participate equally in public benefit programs, including charter schools.
A decision from the Supreme Court is expected by the end of the current term.
The Liberty Justice Center’s amicus brief in Oklahoma Statewide Charter School Board v. Drummond is available here.