SCOTUS to decide whether taxpayer money can support religious schools

At the center of the case is St. Isidore, a Catholic virtual school that wants to become a charter school eligible for taxpayer dollars.

Supporters claim it would be a violation of freedom of religion to bar the school from becoming a charter school.

The Supreme Court will soon consider a case that has triggered a debate about the First Amendment and religious liberty. 

On Jan. 24th, the Supreme Court agreed to hear St. Isidore of Seville School v. Drummond. The case involves a virtual Catholic school, St. Isidore, and whether or not it has the right to become a charter school that would receive taxpayer dollars. 

[RELATED: Christians sue Minnesota Over Law Excluding Faith-Based Universities from State Program]

St. Isidore, which is based in Oklahoma, initially had its petition to become a charter school approved, before the decision was overturned by state attorney general Gentner Drummond–who later received support from the Oklahoma Supreme Court. 

Those on both sides of the debate are appealing to the First Amendment, with supporters of St. Isidore saying that blocking the Catholic school from becoming a charter school would violate freedom of religion, whereas opponents claim that requiring taxpayers to support religious schools violates the Establishment Clause, which stops the government from establishing a state-sponsored religion. 

Phil Sechler, senior counsel at Alliance Defending Freedom (ADF), a national Christian law firm representing the school, stated: “Oklahoma parents and children are better off with more choices, not fewer . . . The [Oklahoma Statewide Charter School Board] knew that the First Amendment’s Free Exercise Clause prohibits state officials from denying public funding to religious schools simply because they are religious.”

Oklahoma Gov. Kevin Stitt released a statement after the Supreme Court decided to hear the case. 

[RELATED: Liberty University defends firing of trans employee as protection of religious freedom]

“We’ve seen ugly religious intolerance from opponents of the education freedom movement, but I look forward to seeing our religious liberties protected both in Oklahoma and across the country,” Stitt said.  

Ryan Walters, Oklahoma State Superintendent of Public Instruction, appeared on Real America’s Voice to explain how “there is no separation of church and state; good luck finding that in the Constitution or the Declaration of Independence.” He added that St. Isidore’s opponents “fundamentally misunderstand the Establishment Clause. There is no violation of that here. . . . Telling a school you cannot open because you are religious . . . that’s actually a violation of the Constitution.”

Drummond, however, said: “The approval of any publicly funded religious school is contrary to Oklahoma law and not in the best interest of taxpayers.”

Campus Reform has contacted ADF and Ryan Walters for comment. This article will be updated accordingly.