Oklahoma’s constitution faculty board says it has requested the Supreme Courtroom to reverse a choice ruling the nation’s first publicly funded non secular constitution faculty unconstitutional.
The board’s petition asking the excessive courtroom to take up the case may tee up a serious dispute concerning the separation of church and state.
“Both questions presented raise immensely important constitutional issues,” the petition reads.
“Their resolution will significantly impact Americans’ freedoms and our nation’s educational system. This case also presents a clean vehicle in which to address them,” it continues.
The St. Isidore of Seville Catholic Digital College was first rejected by Oklahoma’s Constitution College Board again in April 2023, earlier than its software was then accepted months later.
Gentner Drummond, the state’s Republican lawyer common who had warned concerning the faculty’s legality, sued. The case was rapidly taken up by the Oklahoma Supreme Courtroom, which dominated the non secular constitution faculty is unconstitutional.
“The St. Isidore Contract violates state and federal law and is unconstitutional,” the courtroom dominated.
The very concept of the varsity precipitated a number of controversy, even throughout the constitution faculty motion, which sees St. Isidore of Seville Catholic Digital College as undercutting makes an attempt for constitution colleges to be handled like public ones.
“The Oklahoma Supreme Court’s decision reassures all Oklahoma families that their students’ constitutional rights are not sacrificed when they choose to attend a public charter school,” mentioned Eric Paisner, appearing CEO for the Nationwide Alliance for Public Constitution Faculties.
Oklahoma’s constitution faculty board is being represented on the Supreme Courtroom by Alliance Defending Freedom (ADF), a Christian authorized powerhouse that has notched greater than a dozen Supreme Courtroom wins. ADF additionally led the problem in opposition to mifepristone, the widespread abortion tablet, and recurrently will get concerned in distinguished instances involving LGBTQ protections and non secular liberty.
“These decisions destabilize the widely popular and quickly growing charter-school movement, which, because of its popularity — is no stranger to opposition,” ADF mentioned of the decrease ruling.
The Catholic faculty itself is predicted to file a separate petition on the Supreme Courtroom urging it to take up the case, courtroom filings present.
ADF’s attorneys mentioned the ruling in Oklahoma “poses a grave threat to fundamental freedoms” and cements a cut up among the many decrease courts.
“Those with progressive values may send their children to progressive charter schools on the state’s dime,” the petition reads. “Those who subscribe to the principles of Montessori education may send their children to Montessori charter schools for free.”
“But religious parents may not avail themselves of this same benefit because the would-be charter school they desire is religious. The Free Exercise Clause firmly rebukes such anti-religious discrimination,” it continued.
