On Tuesday, the Statewide Virtual Charter School Board in Oklahoma is scheduled to vote on approving the first religious charter school in the U.S. that taxpayers would fund. The board's decision is expected to trigger a legal dispute challenging the idea of separating religion from government. The proposed school, named St. Isidore of Seville Catholic Virtual School, has the support of the Roman Catholic Church and intends to provide online education to 500 students from kindergarten through high school. The school's ultimate goal is to expand its enrollment to 1,500 students.
The Statewide Virtual Charter School Board in Oklahoma reviews applications for charter schools that operate virtually and receive public funding. All five of the board's voting members were appointed by Republican state officials. The proposed St. Isidore of Seville Catholic Virtual School is estimated to cost Oklahoma taxpayers up to $25.7 million during its initial five-year period and was conceived by the Catholic Archdiocese of Oklahoma City. The University of Notre Dame, a Catholic institution based in Indiana, assisted with the school's application process. Suppose a legal dispute arises regarding the establishment of the school. In that case, it may challenge the First Amendment's "establishment clause" limits by examining the extent to which government officials can endorse or promote any specific religion over nonreligion.
Advocates and opponents of the proposed school anticipate a legal battle regardless of the outcome of Tuesday's vote. Church officials have expressed their desire for the case to be elevated to the U.S. Supreme Court, which has a conservative majority of 6-3 and has taken a broad stance on religious rights, as evidenced by two rulings since 2020 regarding schools in Montana and Maine.
Farley's organization represents the church on public policy issues. He is optimistic that the recent Supreme Court rulings indicate that the justices will eventually allow publicly funded Catholic charter schools.
Critics of the proposal are concerned about the implications of allowing religious schools that receive taxpayer funding.
Rachel Laser, the president of Americans United for Separation of Church and State, stated, "Americans need to wake up to the reality that religious extremists are coming for our public schools." It is unclear how the school would reconcile federal and state nondiscrimination regulations, such as those that prohibit discrimination based on sexual orientation. The school's application aims to employ educators who adhere to the Catholic Church's teachings, which, according to the U.S. Conference of Catholic Bishops, consider homosexuality a sin.
Brett Farley declined to comment on hypothetical situations involving hiring a gay teacher or admitting a gay student. Still, he expressed confidence that the school would comply with state and federal regulations and operate within the legal protections provided by precedent.
Farley argued that the separation of church and state is not constitutional and does not appear in the Constitution's text. Laser disputed this assertion, vowing that her organization would challenge the Catholic Church in court over St. Isidore and other publicly funded religious schools.
According to Robert Franklin, the Statewide Virtual Charter School Board chairman, most external contacts regarding the proposed school have expressed opposition. He reported that the board would have five full voting members on Tuesday and that a decision on the school's application would require at least three votes.
Franklin noted that schools have frequently submitted numerous applications before receiving board approval.
