WASHINGTON – On Friday, the Supreme Court announced it will examine whether Oklahoma can establish the first religious charter school in the U.S. This case may carry forward a trend where taxpayer money is allocated to programs linked to religion.

The situation is also significant as the Republican governor and attorney general of Oklahoma hold differing views on financing the school.

The U.S. Constitution clearly states that while the government cannot establish a religion, it cannot impede individuals from practicing their faith freely.

In a number of recent cases, when these constitutional principles have conflicted, the Supreme Court has sided with the protection of religious practices, which has made the separation of church and state less distinct.

In 2022, the Court ruled that Maine could not exclude religious schools from an indirect funding program due to the schools’ religious use of the funds.

In 2020, it was determined that a Montana scholarship initiative could not restrict religious schools from participation if the program included schools of any kind.

In 2017, the justices supported a church’s objection to being left out of a Missouri grant program aimed at playground renovations.

Following this logic, both the Archdiocese of Oklahoma City and the Diocese of Tulsa have argued that they should be permitted to run a K-12 charter school that includes religious education in its curriculum.

However, last year, the Oklahoma Supreme Court decided that charter schools, which are publicly funded yet privately managed, must adhere to state law mandating that public education be secular.

“Oklahoma’s charter schools exhibit all characteristics of public schools as identified by this Court and more,” stated Oklahoma Attorney General Gentner Drummond, a Republican, urging the U.S. Supreme Court to refrain from intervening.

Drummond expressed concerns that allowing a Catholic charter school could lead to taxpayers funding various forms of religious indoctrination, including potentially extremist beliefs.

In contrast, Oklahoma Governor Kevin Stitt, also a Republican and supporter of the charter school, submitted a brief condemning the attorney general’s “antagonistic stance toward religion.”

The proposed St. Isidore of Seville Catholic Virtual School was narrowly approved in 2023 by a state charter school governing body. Legal representatives for this board, supported by the conservative legal group Alliance Defending Freedom, argued that “religious parents are being discriminated against for pursuing their faith.”

Their appeal, along with a separate submission from the Catholic Church, received backing from various conservative and religious organizations, as well as eight conservative states. These states are seeking definitive guidance from the Supreme Court on the operation of charter schools.

The National Alliance for Public Charter Schools opposed the establishment of St. Isidore, maintaining that public charter schools are collaborative entities with the state and they must undertake the accompanying rights and responsibilities, as asserted to the Supreme Court.

The case is set to be argued in the spring, with a ruling anticipated by summer.