Courtesy of CSPAN https://www.c-span.org/program/public-affairs-event/oklahoma-charter-school-board-v-drummond-and-st-isidore-of-seville-school-v-drummond-oral-arugment/658880
April 30, 2025
The Supreme Court (SCOTUS) heard oral argument in Oklahoma Charter School Board v. Drummond and St. Isidore of Seville School v. Drummond, a consolidated case about the constitutionality of states supporting religious charter schools with public funding. In 2023, St. Isidore, Inc., applied to Oklahoma’s charter school board to establish St. Isidore as a virtual charter school that teaches Catholicism. After the board voted to approve the application, Oklahoma Attorney General Gentner Drummond (R) successfully sued the board in the state’s Supreme Court. Mr. Drummond argued that the contract violated the state’s prohibition of religion in public schools. However, the board, St. Isidore, and the Trump administration countered that St. Isidore was not a state actor and therefore restrictions on religious education did not apply. Justice Amy Coney Barrett recused herself in this case.
Transcript
Transcript originated here: https://www.supremecourt.gov
Summary of Oklahoma Charter School Board v. Drummond and St. Isidore of Seville School v. Drummond
On April 30, 2025, the U.S. Supreme Court (SCOTUS) heard oral arguments in the consolidated cases Oklahoma Statewide Charter School Board v. Drummond (Docket 24-394) and St. Isidore of Seville Catholic Virtual School v. Drummond (Docket 24-396). These cases address a critical constitutional question: Can states use public funds to support religious charter schools without violating the First Amendment’s Establishment Clause?
Background
In 2023, St. Isidore of Seville Catholic Virtual School, Inc., applied to Oklahoma’s Statewide Charter School Board to establish a publicly funded virtual charter school that incorporates Catholic teachings. The board approved the application, marking a significant step toward creating Oklahoma’s first religious charter school. However, Oklahoma Attorney General Gentner Drummond challenged the approval, arguing that funding a religious school with public money violates the state constitution’s prohibition on religious instruction in public schools and the U.S. Constitution’s Establishment Clause.
Drummond sued the board in the Oklahoma Supreme Court, which ruled in his favor in June 2024, voiding the contract with St. Isidore. The board and St. Isidore appealed to the U.S. Supreme Court, asserting that charter schools are not state actors and thus not subject to the same restrictions as traditional public schools. They argued that denying funding to religious charter schools infringes on Free Exercise Clause protections. The Trump administration supported this position, backing the petitioners.
Key Issues
The case hinges on the tension between two First Amendment principles:
- Establishment Clause: Prohibits government endorsement or funding of religion.
- Free Exercise Clause: Protects the right to practice religion without discriminatory exclusion from public benefits.
The petitioners (the board and St. Isidore) contend that charter schools, as independent entities, should be treated like private organizations eligible for public funding under precedents like Espinoza v. Montana Department of Revenue (2020) and Carson v. Makin (2022). These rulings struck down state laws excluding religious schools from public funding programs. Conversely, Drummond argues that charter schools, as publicly funded entities delivering state-mandated education, are state actors and cannot promote religious instruction.
Supreme Court Proceedings
During oral arguments, the justices explored whether St. Isidore’s religious curriculum constitutes government-sponsored religion or a permissible exercise of private choice. The debate also addressed whether excluding religious charter schools from public funding discriminates against religious organizations. Justice Amy Coney Barrett recused herself, likely due to a prior connection to the case or parties involved, leaving eight justices to decide. The transcript and audio of the arguments are available on the Supreme Court’s website.
Significance
This case could redefine the boundaries of church-state separation in education. A ruling in favor of St. Isidore and the board may expand public funding for religious charter schools nationwide, potentially reshaping the charter school landscape. A decision upholding Drummond’s position could reinforce restrictions on religious instruction in publicly funded education. As of May 1, 2025, the Court has not yet issued its ruling, with a decision expected by the end of the term in June 2025.
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