Oklahoma’s Republican Attorney General filed a lawsuit on Friday to halt the establishment and funding of what could potentially become the nation’s first religious public charter school. The lawsuit comes after the board overseeing the Oklahoma Statewide Virtual Charter School ignored Drummond’s warnings that such a school would violate both state and U.S. constitutions.
Drummond took legal action by filing the lawsuit with the Oklahoma Supreme Court against the Oklahoma Statewide Virtual Charter School Board. The lawsuit comes as a response to three board members signing a contract this week to establish the St. Isidore of Seville Catholic Virtual Charter School, which is sponsored by the Archdiocese of Oklahoma City.
In the lawsuit, Drummond stated, “If the Catholic Church were allowed to operate a public virtual charter school, it would create a challenging situation, as the state would be required to process funding requests from all sectarian groups that petition for it.”
The school board approved the Catholic Archdiocese’s application in June to establish the online public charter school, which would be open to students across all grades from kindergarten to grade 12. The Archdiocese’s application emphasized the school’s vision of participating in the evangelizing mission of the Church and providing a nurturing environment for Christian education.
This decision to approve a publicly funded religious school reflects a growing trend among conservative-led states. These states have been making efforts to introduce Bible teachings in public schools and ban books as well as restrict lessons about race, sexual orientation, and gender identity.
Oklahoma’s Constitution explicitly prohibits the use of public funds or property, directly or indirectly, for the benefit of any church or religious system. In 2016, nearly 60% of Oklahoma voters rejected a proposal to remove this language from the Constitution.
Rebecca Wilkinson, the executive director of the Oklahoma Statewide Virtual Charter School Board, did not immediately respond to a request for comment. However, Wilkinson has previously stated that she would not comment on ongoing litigation.
Prior to this lawsuit, a group of Oklahoma parents, faith leaders, and a public education nonprofit filed a lawsuit in district court in July in an attempt to prevent St. Isidore from operating as a charter school in Oklahoma. That case is still pending.
Oklahoma’s Republican Governor Kevin Stitt, who signed a bill earlier this year granting parents public funds to send their children to private schools, including religious schools, criticized Drummond’s lawsuit as a “political stunt.” Stitt stated, “AG Drummond appears to have a limited understanding of the constitutional principle of religious freedom and is fixated on schools that do not align with his personal religious preferences.”
Drummond, who defeated Stitt’s chosen attorney general in last year’s GOP primary, has frequently clashed with the governor over his controversial stances towards many Native American tribes in the state.
In addition to addressing constitutional concerns, the lawsuit also cautions that the board’s decision could potentially endanger over $1 billion in federal education funding that Oklahoma currently receives. These federal funds are subject to laws that forbid public funding of religious schools.
In response to the legal battle, Drummond stated, “This not only violates our religious freedoms, but it also wastes our tax dollars.” The National Alliance for Public Charter Schools, a nonprofit organization that supports the public charter school movement, issued a statement in support of Drummond’s efforts to challenge the board’s decision.
