Legal challenge to Oklahoma religious charter school ends in favor of church-state separation
A coalition of civil rights groups has ended its legal fight against Oklahoma’s attempt to fund a religious charter school, claiming a major win following a decisive court ruling.
According to The Christian Post, Americans United for Separation of Church and State and allied organizations concluded their case after a recent U.S. Supreme Court tie vote left standing a state ruling that blocked the country’s first proposed religious charter school.
The controversy dates back to June 2023, when the Oklahoma Statewide Virtual Charter School Board approved the launch of St. Isidore of Seville Catholic Virtual School by a narrow 3-2 margin. The school, envisioned as a fully online institution, was planned to be operated by the Roman Catholic Archdiocese of Oklahoma City alongside the Catholic Diocese of Tulsa.
Religious school plan draws legal backlash
Soon after the board’s approval, Americans United partnered with a range of progressive organizations—including the American Civil Liberties Union (ACLU), the Freedom From Religion Foundation, and the Education Law Center—to file suit. Oklahoma-based law firms Odom & Sparks PLLC and J. Douglas Mann also joined the legal team. The plaintiffs represented the Oklahoma Parent Legislative Advocacy Coalition and argued that taxpayer funding for a religious institution violated both state and federal constitutional principles.
Opposition to St. Isidore extended beyond progressive groups. Oklahoma Attorney General Gentner Drummond, a Republican, filed a formal complaint in October 2023 contesting the charter school's approval. Drummond contended that such approval trespassed against the longstanding separation between government and religious practice.
In a landmark ruling in 2024, the Oklahoma Supreme Court decided 7–1 that the charter board’s action was unconstitutional. The state’s highest court found the decision to fund the religious virtual school in direct conflict with Oklahoma’s constitution, which prohibits the use of public dollars for religious purposes.
Legal appeal reaches the nation's highest court
Despite that outcome, supporters of the school escalated the case by filing an appeal to the U.S. Supreme Court. In April 2025, the court heard oral arguments in two consolidated cases: Oklahoma Charter School Board, et al. v. Drummond, Attorney General of Oklahoma and St. Isidore of Seville School v. Drummond, Attorney General of Oklahoma.
One notable development in the proceedings involved Justice Amy Coney Barrett, who recused herself from the case. The recusal reportedly stemmed from personal ties to Nicole Stelle Garnett, an early adviser to St. Isidore and a leading voice in the school’s proposal process.
The case concluded in May 2025 when the U.S. Supreme Court issued a rare 4-4 deadlock ruling via a per curiam opinion. Federal court protocol dictates that when the Supreme Court reaches a tie, the lower court’s decision remains in place, effectively upholding the Oklahoma Supreme Court’s ruling against the school plan.
Legal groups drop remaining lawsuit
On Monday, shortly after the high court’s deadlock ended the legal route to revive St. Isidore, Americans United and its partners filed a notice of voluntary dismissal in Oklahoma County District Court. The official filing ended their lawsuit over the state’s charter school decision and was certified by County Clerk Rick Warren.
Rachel Laser, president and CEO of Americans United, stated that the group was proud to have cooperated with Oklahomans in protecting both religious liberty and public education. “Americans United is proud to work closely with Oklahomans to protect inclusive public education and religious freedom,” Laser said.
Laser also emphasized that while this case had ended in victory for her organization and its allies, other legal challenges remain underway. “While we celebrate victory in this case,” she added, “AU continues to litigate two other church-state separation lawsuits in Oklahoma to stop Ryan Walters and his Christian Nationalist allies from imposing their religious beliefs on public school children.”
Broader debate on religious freedom persists
The case of St. Isidore has gained national attention as it was considered a significant test of how far states could go in integrating religious institutions into the public education system. Advocates for church-state separation viewed the case as a warning against expanding public funding to religious entities, especially in the form of publicly funded charter schools.
The decision signifies a boundary in how far faith-based groups may extend their educational programs using public resources. It continues to echo in education and policy circles as debates escalate over the role of religion in classrooms and public education frameworks nationwide.
While St. Isidore will no longer open its virtual doors, activists on both sides of the issue say the legal and cultural debate is far from over. Constitutional questions about religious liberty, educational access, and state funding remain subjects of vigorous legal examination across the United States.




