Dispute over first publicly funded religious charter school in Oklahoma makes it way to the Supreme Court
Dispute over first publicly funded religious charter school in Oklahoma makes it way to the Supreme Court
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Case raises questions about the separation of church and state as Oklahoma Republican leaders advocate in favor of Catholic public charter school. However, the First Amendment of the Constitution prohibits the government from establishing a religion or preventing a person from practicing a religion.
Oklahoma Attorney General Gentner Drummond sued the charter school board for violating the state and U.S. Constitution, claiming public money cannot be used to support religious institutions. In June, the Oklahoma Supreme Court sided with Drummond, saying the school violated state and federal law because it is a “surrogate of the state” by using public money for a state program.
However, the charter school board says preventing the school from participating would infringe on the right to exercise religion. The Oklahoma Statewide Charter School Board is being represented by Alliance Defending Freedom, the conservative Christian legal group that has advocated against same-sex marriage, transgender rights, abortion and birth control access.
Lawyers from Alliance Defending Freedom wrote the model for Mississippi’s anti-abortion legislation that ultimately led to the Supreme Court overturning Roe v. Wade. Among the questions the justices will have to decide is whether the privately run school’s actions are considered “state action” because it accepts public funding and serves all students, and if it violates the First Amendment by excluding privately run religious schools from state charter programs.
