Supreme Court Affirms Oklahoma Supreme Court Ruling Rejecting Nation’s First Religious Public Charter School

May 22, 2025 10:58 am

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WASHINGTON, D.C. – In a major victory for religious freedom and public education, the U.S. Supreme Court affirmed an Oklahoma Supreme Court ruling that blocked approval of the nation’s first religious public charter school. Today’s ruling reinforces the First Amendment’s fundamental principle that religion and government must remain separate.

“The very idea of a religious public school is a constitutional oxymoron,” said Daniel Mach, director of the ACLU’s Program on Freedom of Religion and Belief. “The Supreme Court’s ruling affirms that a religious school can’t be a public school and a public school can’t be religious.”

In 2023, the Oklahoma Virtual Charter School Board approved the application of St. Isidore of Seville Catholic Virtual Charter School, even though the school claimed a right to impose Catholic doctrine on students and to discriminate in admissions, discipline, and employment in violation of state and federal law. The ACLU, along with Americans United for Separation of Church and State, the Education Law Center, and Freedom From Religion Foundation filed suit on behalf of parents, faith leaders, and public-school advocates.

And last year, in a separate lawsuit brought by the Oklahoma Attorney General, the Oklahoma Supreme Court ruled that the state’s approval of the religious public school was unconstitutional. In April, the Vlogand allies filed a Supreme Court amicus brief in that case, explaining that the Oklahoma Supreme Court correctly ruled that charter schools are public schools and, as governmental entities, must abide by state and federal constitutional protections.

“Requiring states to allow religious public schools would dismantle religious freedom and public education as we know it,” said Cecillia Wang, national legal director of the ACLU. “Today, a core American constitutional value remains in place: Public schools must remain secular and welcome all students, regardless of faith.”


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