Making religious school choice a reality

As heartbreaking as it was, Shelley had resigned herself to the fact that her daughter may just never be a reader. For years, her daughter had struggled at her Oklahoma public school, particularly with language arts. So, in middle school, she decided to try something new. She moved her daughter to a charter school, Tulsa Classical Academy. Before long, her daughter wasn’t just reading Fahrenheit 451. She was comprehending it, explaining the dystopian novel to her mom as she listened with tears of joy.

Shelley’s story isn’t unique. Charter schools have been a beacon of hope for countless families wanting better school options. Yet in Oklahoma, state law forbids religious groups from operating a charter school. While the state encourages a broad array of groups to apply to participate in its charter school program, it specifically excludes faith-based groups, creating fewer options for parents and their children. Such discrimination against faith-based groups is unconstitutional. It’s why my firm, Alliance Defending Freedom, is standing before the Supreme Court today to defend religious and educational freedom.

In the case, Oklahoma Statewide Charter School Board v. Drummond, we represent the state board that approved St. Isidore of Seville Catholic Virtual School to participate in its charter school program, making it the first religious charter school in the nation. Oklahoma’s attorney general disagreed with that decision. He sued the board and won at the Oklahoma Supreme Court, resulting in St. Isidore’s exclusion from the program.

The U.S. Supreme Court, however, has spoken differently on this matter. Three times in the last eight years, the high court has ruled that when the government creates a program and invites private organizations to participate, it can’t single out religious groups for exclusion. As recently as 2022, for instance, the court held that when government opens a school choice program to private schools, it can’t exclude families who want to use the program’s benefits at religious schools. Doing so violates the free exercise clause of the First Amendment. It is this strong precedent that prompted ADF to appeal to the Supreme Court on behalf of Oklahoma’s charter school board and the rightful decision it made.

St. Isidore is a private, religious, nonprofit organization founded by two Catholic dioceses that have experience running successful schools. The school plans to use a well-established program and curriculum that has already produced a 100% graduation rate and 98% college admission rate for Oklahoma students. That’s especially promising for the more than half of St. Isidore’s inaugural class, which, according to the school, would be from lower-income families. The school’s virtual format also appeals to families in rural areas. As a virtual charter school, St. Isidore’s doors will be open to every child across the state.

Everyone should want more high-quality, no-cost education options for families—especially Oklahomans. The Sooner State consistently ranks among the lowest in the country in educational quality. As Angela Cozort, an Oklahoma mother whose kids attend a charter school, put it, “We need to get more innovative with what we’re currently doing because it’s not working.”

Brian Shellem agrees. As chair of the charter school board and an Oklahoma father, he has spoken about the board’s purpose of expanding educational choice. Excluding faith-based groups from serving as charter schools simply because they integrate faith in the classroom—as all public schools did until the late 1800s—undermines the board’s mission. And it hurts the families who pay taxes and desperately want faith-based options.

Parents who have multiple kids can certainly attest that every child learns differently. What works for one might not be effective for others. Parents know their kids better than any school system ever will. They deserve the freedom to choose the right academic path for their children. And in a culture where public school curriculum can often run counter to the beliefs and values of parents, families should be free to redirect their tax dollars toward school options that align with their values—treating parents as partners, not competitors.

If applied consistently, Supreme Court precedent should lead in one direction: more options for parents. We are urging the court to apply its precedent once again, giving equal treatment to religious groups and affording parents the option of a religious charter school.