The Oklahoma Statewide Charter School Board, represented by Alliance Defending Freedom, has petitioned the U.S. Supreme Court to review a case that could have far-reaching implications for religious schools and educational choice across America.

Oklahoma Statewide Charter School Board v. Drummond, stems from the Oklahoma Supreme Court’s ruling that blocked the board from authorizing a charter contract with St. Isidore of Seville Catholic Virtual School specifically because of its religious character.

The case would require the Supreme Court to address whether private schools lose their private character when operating as charter schools and whether excluding religious schools from charter programs violates constitutional protections for religious freedom.

Alliance Defending Freedom (ADF), representing the board, argues the case presents “critically important questions” that demand the Supreme Court’s attention. According to their petition, the Oklahoma Supreme Court’s decision has “exacerbated a circuit conflict” by ruling that the academic choices of St. Isidore – a privately owned and operated school – constitute state action.

What is Alliance Defending Freedom?

Alliance Defending Freedom (ADF) is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, marriage and family, and the sanctity of life.

Alliance Defending Freedom Church & Ministry Alliance, provides specialized legal support focused on protecting religious organizations. The dedicated division helps churches, ministries, and faith-based groups defend their right to operate according to their religious beliefs and values.

Alliance Defending Freedom’s petition contends that the Oklahoma ruling contradicts multiple Supreme Court precedents, including Trinity Lutheran, Espinoza, and Carson. It argues that “religious entities like St. Isidore and religious parents are being penalized for seeking to exercise their religion.”

According to the Alliance Defending Freedom petition, the case presents a clean vehicle for addressing these constitutional issues, with no procedural obstacles to Supreme Court review. As they note in their filing, “The relevant facts are undisputed, and both questions presented are outcome-determinative. The state court of last resort has fully examined the issues in both majority and dissenting opinions.”

Alliance Defending Freedom attorneys argue that further delay in resolving these questions could lead to deeper divisions in lower courts, noting that nearly a third of federal circuits and a state supreme court have already produced nine thoughtful opinions on the state-action issue alone.

ADF Senior Counsel Phil Sechler contends that Oklahoma parents and children are better off with more choices, not fewer.

In a statement on Alliance Defending Freedom Media, Sechler said, “There’s great irony in state officials who claim to be in favor of religious liberty discriminating against St. Isidore because of its Catholic beliefs. The U.S. Constitution protects St. Isidore’s freedom to operate according to its faith and supports the board’s decision to approve such learning options for Oklahoma families. Protecting the freedom of St. Isidore and other charter schools to operate according to their beliefs bolsters religious freedom across Oklahoma, which is why we are urging the U.S. Supreme Court to take this important case.”

The Supreme Court’s decision on whether to hear the case could have significant implications for religious schools’ participation in charter programs nationwide and the broader landscape of educational choice in America.

The Court is expected to decide whether to grant review in the coming months.