This article was originally published by First Liberty Institute, a Christians Engaged partner.

By Jorge Gomez

First Liberty recently filed an amicus brief at the U.S. Supreme Court in Oklahoma Statewide Charter School Board v. Drummond. The case concerns the Oklahoma Charter School Board’s approval of an online Catholic school. We filed the brief on behalf of the Oklahoma State Superintendent of Public Instruction, the Department of Education, and the State Board of Education.

St. Isidore of Seville Catholic Virtual School is being excluded from receiving publicly available benefits simply because of its religious character. We’re asking the Court to hear the case and make clear that states cannot discriminate against religious schools.

Like many states, Oklahoma offers families choices in education by funding a network of independently designed and privately operated charter schools. It invited private educators to participate in this program by contracting with the state for funding.

Last year, Oklahoma’s Charter School Board approved St. Isidore of Seville Virtual Catholic School to participate. But Oklahoma Attorney General Gentner Drummond sued to get the Catholic school’s charter contract canceled.

The Oklahoma Supreme Court ruled in June that the board could not authorize a charter contract with St. Isidore of Seville Catholic Virtual School solely because the school is religious. According to that decision, Oklahoma’s approval of a religious charter school is unconstitutional because charter schools receive taxpayer funding and are considered “state actors,” i.e. public schools.

“As state superintendent, I have an obligation to provide the best possible education opportunities to Oklahoma’s students while abiding by Oklahoma state law and the U.S. Constitution,” said state superintendent Ryan Walters. “I want to increase learning opportunities for all of our students by expanding education freedom and increasing the state’s number of charter schools, including religious schools like St. Isidore.”

Last month, our friends at Alliance Defending Freedom asked the U.S. Supreme Court to hear the case and review whether the state is violating the Free Exercise Clause by excluding religious schools from the charter school program. Their petition explains that “religious entities like St. Isidore and religious parents are being penalized for seeking to exercise their religion.”

“The Oklahoma Supreme Court’s decision guts the Free Exercise Clause,” said First Liberty President & CEO Kelly Shackelford. “But the First Amendment aligns with both St. Isidore’s freedom to operate according to its beliefs and the charter school board’s decision to include it as an option for students in Oklahoma. We hope the Court takes this important religious liberty case.”

Our brief explains that excluding schools simply because they are religious is a clear violation of the Constitution, as well as legal precedent that says religious institutions and people of faith deserve to be treated the same as everyone else.

“The consequences of the Oklahoma Supreme Court’s ruling are severe. As petitioners point out, the decision entrenches an acknowledged split and threatens to unravel decades of established precedent,” the brief states. “Contrary to that precedent, it transforms the Establishment Clause into a cudgel against the Free Exercise Clause. And it sows confusion among public officials and educators—needlessly distracting from their responsibilities to improve the quality and quantity of educational offerings available to the Nation’s children and their families.”

In recent years, the Supreme Court has told states three separate times that their practice of excluding religious organizations from public benefits is “odious” to the Constitution. Those cases are Trinity Lutheran Church v. Comer, Espinoza v. Montana Department of Revenue, and Carson v. Makin — First Liberty’s Treat Children Fairly case.

The Supreme Court’s landmark ruling in Carson made clear that states cannot discriminate in student-aid programs against parents who send their children to religious schools. That decision also ensured fairness in how the government treats all religious schools and organizations.

Beyond protecting the rights of St. Isidore and religious schools in Oklahoma, the outcome could impact faith-based schools across the country. With this case, the Supreme Court can reaffirm that the First Amendment prohibits state officials from excluding religious families and schools. It’s an excellent opportunity for the nation’s highest court to strengthen religious liberty protections, educational choice and parental rights.

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