Oklahoma Attorney General Sues to Stop First Public Religious School in United States

Attorney general warns if the religious school goes through, Muslim schools could be next.
Oklahoma Attorney General Sues to Stop First Public Religious School in United States
Oklahoma Attorney General Gentner Drummond in Oklahoma City on Jan. 9, 2023. (Sue Ogrocki/AP Photo)
Zachary Stieber
10/21/2023
Updated:
10/22/2023
0:00

Oklahoma’s attorney general on Oct. 20 sued to stop what would be the first publicly funded religious school in the United States.

Attorney General Gentner Drummond, a Republican, said that a state board’s approval of a Catholic school would, if not stopped, lead to other religious schools being approved.

“Absent the intervention of this court, the board members’ shortsighted votes in violation of their oath of office and the law will pave the way for a proliferation of the direct public funding of religious schools whose tenets are diametrically opposed by most Oklahomans,” the suit, filed with the Oklahoma Supreme Court, stated.

“Because of the legal precedent created by the Board’s actions, tomorrow we may be forced to fund radical Muslim teachings like Sharia law,” Mr. Drummond said in a statement.

He sued the Oklahoma Statewide Virtual Charter School Board, which in a 3–2 vote over the summer approved the application for the St. Isidore of Seville Virtual Charter School, even as the Catholic Archdiocese of Oklahoma City, the school’s sponsor, said the school would be “Catholic in teaching, Catholic in employment, and Catholic in every way.”

The Oklahoma Constitution says that public schools shall be “free from sectarian control.” It also says that “no public money ... shall ever be appropriated ... or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, or system or religion ... of sectarian institution.”

The law that governs the board’s procedures for approving charter school applications, meanwhile, says the procedures must adhere to the Oklahoma Charter Schools Act, which says in part that a charter school “shall be nonsectarian in its programs, admission policies, employment practices, and all other operations.”

Despite those facts, the members of the board that voted for the approval “violated their plain legal duty to deny” the application, the suit states. “Accordingly, this court must remediate the board’s unlawful action.”

The board and the Catholic Archdiocese of Oklahoma City didn’t respond to requests for comment and don’t appear to have reacted publicly to the suit.

Another suit, which is ongoing, was filed over the approval earlier this year.

Brett Farley, a lobbyist representing the archdiocese, previously told The Associated Press that it was confident the court would ultimately rule in favor of the new school.

Oklahoma Gov. Kevin Stitt delivers his State of the State address in Oklahoma City on Feb. 6, 2023. (Sue Ogrocki/AP Photo)
Oklahoma Gov. Kevin Stitt delivers his State of the State address in Oklahoma City on Feb. 6, 2023. (Sue Ogrocki/AP Photo)

Stitt Responds

Oklahoma Gov. Kevin Stitt, another Republican, called the suit a “political stunt.”

He said in a statement that Mr. Drummond “seems to lack any firm grasp on the constitutional principle of religious freedom and masks his disdain for the Catholics’ pursuit by obsessing over non-existent schools that don’t neatly align with his religious preference.”

“His discriminatory and ignorant comment concerning a potential Muslim charter is a perfect illustration,” the governor added. “The creation of St. Isidore’s is a win for religious and education freedom in Oklahoma. We want parents to be able to choose the education that is best for their kids, regardless of income. The state shouldn’t stand in the way.”

Mr. Stitt previously said he supported the establishment of the Catholic school and would also support similar schools set up by other faiths.

“If the Jewish community wants to set up a charter school, or the Muslim community—I have friends across all walks of faith—I have no problem with that whatsoever,” Mr. Stitt told reporters in a briefing in February.

Mr. Drummond said that he views the situation as a waste of tax money.

“At a time when Oklahoma students underperform their peers across the country in every subject, why would we spend one penny of our tax dollars educating them on Catholicism, Sharia law, or any other religious teaching?“ he said. ”I would prefer we focus on reading proficiency so they can read the Bible at home with their family. That’s where religion is best taught: in homes and in churches, with the loving guidance of parents and pastors.”