State cancels contract with Catholic Church to set up 1st publicly funded religious charter school

The contract between the Catholic Church and the State of Oklahoma to set up the nation's first-ever publicly funded religious charter school is canceled, but the debate is not over yet.

The Statewide Virtual Charter School Board was told the State Supreme Court who deemed the school unconstitutional in June would not put its ruling on hold.

The board had been waiting to see if the high court would put its ruling on hold before it canceled the contract and Attorney General Gentner Drummond said if the board did not cancel the contract at this meeting, members could face jail or fines for violating a court order.

By canceling the contract, if the school is ruled constitutional by the U.S. Supreme Court, the Catholic Church would have to start the application process over again to set up St. Isidore in the future.

However, board members said it could simply pick up where it left off.

This cancellation does not mean this debate is over and done with by any means. In fact, some are hoping the next chapter in this is just getting started.

A majority of the Statewide Charter School Board members still want to partner with a conservative legal defense group and the Catholic Church to take the case to the U.S. Supreme Court.

They argue Catholics are being discriminated against for not being allowed to set up the school.

St. Isidore's founders said they will not enroll any students until this is all sorted out despite them wanting to start school this fall.

The Charter School Board is in the process of hiring outside legal counsel because their current legal counsel is the Oklahoma Attorney General's Office who is opposed to establishing the school in the first place.

They sued and won on the state level and will have to argue against the board if this goes to the U.S. Supreme Court.

St. Isidore faces steep odds when it comes to actually being argued before the U.S. Supreme Court.

Every year, the court is asked to hear thousands of cases, but they take up usually fewer than 100.

If they reject the case, the Oklahoma Supreme Court's decision stands.

Four of the nine justices must agree to take up the case.

The Supreme Court's members, however, are overwhelmingly practicing Catholics and that is why the founder of St. Isidore believes they have a small advantage in getting the case before the court.

Keep in mind, and it may seem odd, but these are conservatives fighting with each other about what the First Amendment means.

On one side, you have State Superintendent Ryan Walters, the board and the church saying this is about being able to freely practice your religion.

“The reality is clear, our students need more options. We have to protect religious freedoms in the state of Oklahoma,” Walters said.

Walters and others argue that public schools are not religiously neutral but instead, they are atheist in how they operate and Catholic families need a religious option to guide their children.

On this side, the argument is that Catholics pay into the same pot as everyone else and their money should go to a public Catholic school]

On the other side of this, you have those like Drummond who said this arrangement would give preferential treatment to the Catholic Church and merge church and state together in ways never seen before in the U.S.

“I appear today as the state's chief law enforcement officer to defend the separation of church and state which a state-created and state-funded charter school would all but eradicate,” Drummond said.

Drummond points to the part of the First Amendment of the U.S. Constitution that said an establishment of religion should not be respected meaning. If you do this for the Catholic Church, other religions like Islam can use public funds to set up their own public school and teach their views.

He also points out that Oklahoma voters have repeatedly supported the section of the state constitution saying taxpayer funds cannot be used for religious purposes.

When it comes to Catholic families, Drummond argued before the State Supreme Court that Catholic families can currently use a voucher to help pay for a private Catholic education at a place like Bishop Kelley.

You can read a statement from Drummond on the decision below:

"While it is appalling that the Board took so long to recognize the authority of the Oklahoma Supreme Court, I am pleased that board members finally fulfilled their duty. The proposed state-sponsored religious charter school, funded by our tax dollars, represents a serious threat to the religious liberty of all four million Oklahomans."

You can read a statement from Walters on the decision below:

“The Supreme Court has failed Oklahomans in their latest dismal ruling against parents and kids. They have chosen the path of liberal extremism and Marxism by depriving parents of a choice. It’s shameful, but predictable from a failed judicial system. They do not represent conservative Oklahoma values.”