Supreme Court to decide whether Oklahoma’s religious autonomous school is constitutional

A Catholic school in Oklahoma is asking the Supreme Court to clear the way to become the first religious autonomous school of the Nation financed directly by taxpayers.

The oral arguments will be heard in the historical case on Wednesday, facing claims of religious freedom against efforts to maintain a strict separation of the Church and the State.

The judges will weigh if the first amendment, which prohibits a government role in the establishment of religion while protecting an individual right to practice religion, means that only non -sectarian organizations can qualify for the Oklahoma Autonomous School Program or if faith -based groups are also eligible.

The case becomes much in whether the State’s autonomous schools comply with the definition of “public” schools and, as such, operate as extensions of the state government.

“The claim in this case is not that government schools can be Catholic or religious. This is an affirmation that, in Oklahoma, Charter schools are contractors,” said Rick Garnett, a professor of constitutional law at the University of Notre Dame.

St. Isido of the Virtual Catholic School of Seville, created by the Archdiocese of the city of Oklahoma and the Diocese of Tulsa in 2023, argues that state financing for autonomous schools is generally made available to qualified organizations and that the State cannot discriminate on the basis of religion.

A series of recent decisions of the Supreme Court has made it clear that public benefits programs financed by taxpayers, from school coupons to state scholarships, must be equally available, even if a person or organization has a religious affiliation.

“It is a fairly established rule of the Supreme Court that once a government opens a benefit program, cannot discriminate on the basis of religion,” Garnett said about the school’s argument.

Oklahoma argues that its autonomous schools are part of the public school system and, according to state law, they must be “free, open to all, financed by the State, subject to state control, non -discriminatory and non -sectarian.” Forty -five states and the federal government have similar guidelines.

The highest court of the State ruled last year that religious schools financed by taxpayers would violate state and American constitutions.

“In Oklahoma, the Autonomous School Law defines autonomous schools as public schools, so the case is a bit closed there,” said Rachel Laser, president of the United Americans for the separation of the Church and the State.

“This school is directed by the Catholic diocese in Oklahoma, and they say they will be conducted as a Catholic school according to the moral codes of Catholic schools, which, read between the lines, means that they will discriminate against LGBTQ children and families,” Laser said.

Oklahoma Attorney General, Gentner Drummond, a Republican, said the State supports the election of school and access to private religious education, even through the use of tax credits and registration assistance funded by the State. But in judicial documents, Drummond argued that autonomous schools are not simply “contractors” that receive a benefit.

“They are free, open to all, subject to laws against discrimination, created and financed by the State, and are subject to the regulation and supervision of the continuous government regarding the curriculum, evidence and a large number of other issues,” the State said in its report to the judges.

The State warned that a decision in favor of St. Isidore of the Virtual Catholic School of Seville would have “radical consequences” throughout the country, which rents Charter school programs and the education of millions of students.

School defenders say that not allowing the Catholic school to receive the financing of the Autonomous School equals religious discrimination.

A decision is expected in the case at the end of June.