This story initially appeared within the Oklahoma Voice and is republished with permission.
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OKLAHOMA CITY — The U.S. Supreme Courtroom introduced Friday it’s going to hear oral arguments over a Catholic constitution faculty looking for to open and obtain taxpayer funding in Oklahoma.
St. Isidore of Seville Catholic Digital College can be the primary publicly funded non secular faculty within the nation. The Archdiocese of Oklahoma Metropolis and the Diocese of Tulsa have sought to discovered the college to offer a free, on-line Catholic schooling to college students in all elements of the state.
The Oklahoma Supreme Courtroom struck down the college in a June ruling. A majority of the state’s highest courtroom discovered the idea of a Catholic constitution faculty to be a violation of each the Oklahoma and U.S. Structure’s ban on government-established faith.
Catholic leaders and the college are grateful the U.S. Supreme Courtroom has taken on their case, mentioned Brett Farley, a member of St. Isidore’s Board of Administrators and a lobbyist for the Catholic Convention of Oklahoma.
“We look ahead to the chance to current the case to the very best courtroom within the land, with hope we are able to quickly present a premium, digital schooling to Oklahoma households,” Farley mentioned.
Lawyer Common Gentner Drummond introduced a authorized problem in opposition to the college to the state Supreme Courtroom, contending it “eviscerates the separation of church and state.”
The Lawyer Common’s Workplace seems ahead to presenting its arguments earlier than the U.S. Supreme Courtroom, company spokesperson Phil Bacharach mentioned Friday.
All events within the case should have their briefs filed with the U.S. Supreme Courtroom by April 21 earlier than oral arguments can happen, in keeping with the Courtroom’s announcement. The Courtroom famous with out clarification that Justice Amy Coney Barrett took no half within the choice to listen to the case.
The Oklahoma Statewide Digital Constitution College Board voted 3-2 in 2023 to approve the archdiocese’s utility to open St. Isidore. Catholic leaders and their attorneys contend constitution colleges are usually not true public colleges, although they depend on public funding, and due to this fact ought to be capable to undertake a faith.
The state Supreme Courtroom disagreed and as an alternative upheld the longstanding interpretation that constitution colleges are government-established public colleges, although they’re operated by personal entities and nonprofits.
The courtroom ordered the state to void its contract with St. Isidore and forbade it from opening or accepting taxpayer funds.
Gov. Kevin Stitt and Oklahoma’s prime schooling official, state Superintendent Ryan Walters, have each advocated for the college.
“I’m glad the U.S. Supreme Courtroom is listening to the St. Isidore case,” Stitt mentioned. “This stands to be one of the crucial important non secular and schooling freedom selections in our lifetime. I consider our nation’s highest courtroom will agree that denying St. Isidore’s constitution based mostly solely on its non secular affiliation is flat-out unconstitutional. We’ve seen ugly non secular intolerance from opponents of the schooling freedom motion, however I look ahead to seeing our non secular liberties protected each in Oklahoma and throughout the nation.”
Walters mentioned “your complete nation has eyes on Oklahoma to help St. Isidore and finish state-sponsored atheism.”
A separate lawsuit in opposition to the college has been on maintain in Oklahoma County District Courtroom for the reason that state Supreme Courtroom ruling. A coalition of Oklahoma dad and mom, religion leaders and schooling advocates had been the primary to sue to dam the college.
The group of plaintiffs are represented by a number of nationwide authorized organizations, together with the American Civil Liberties Union, People United for Separation of Church and State, and the Freedom From Faith Basis.
“The legislation is evident: Constitution colleges are public colleges and have to be secular and open to all college students,” the authorized organizations mentioned in a joint assertion Friday. “The Oklahoma Supreme Courtroom appropriately discovered that the state’s approval of a non secular public constitution faculty was illegal and unconstitutional. We urge the U.S. Supreme Courtroom to affirm that ruling and safeguard public schooling, church-state separation, and non secular freedom for all.”
Nuria Martinez-Keel covers schooling for Oklahoma Voice.
Oklahoma Voice is a part of States Newsroom, the nation’s largest state-focused nonprofit information group.