Supreme Court hears plea to protect faith-based charter schools Justices urged to ensure educational options for rural Oklahoma families

WASHINGTON – The Supreme Court heard arguments today in St. Isidore of Seville v. Drummond, a case involving a Catholic school in Oklahoma seeking to join the state’s charter school program. Last year, the Oklahoma Supreme Court blocked St. Isidore of Seville Catholic Virtual School from joining the charter school program simply because it is religious. Becket filed a friend-of-the-court brief in support of St. Isidore and on behalf of the Union of Orthodox Jewish Congregations of America (“Orthodox Union”), arguing that a ruling against St. Isidore could allow states to bar religious schools from programs that help disabled students and more. Becket warned that if the Supreme Court agrees with Oklahoma, it could make it harder for Jewish parents and other religious communities seeking a faith-based education for their children. 

Families in Oklahoma, especially in areas with poorly performing schools, are looking for the best school options for their children. For over a century, the Archdiocese of Oklahoma City and the Diocese of Tulsa have operated Catholic schools to serve Oklahoma families. To extend this rich tradition to more Oklahomans, the dioceses launched a virtual charter school, St. Isidore of Seville Catholic Virtual School. In 2023, the Oklahoma Statewide Charter School Board approved St. Isidore to join the over 30 privately run charter schools in the state. But soon after, Oklahoma Attorney General Gentner Drummond sued the charter school board, arguing that St. Isidore should not be allowed to participate in the charter school program because it is religious. The Oklahoma Supreme Court then blocked the school board from allowing St. Isidore to participate in the program. 

“State officials are blocking St. Isidore from offering more educational options to Oklahomans simply because of its faith,” said Lori Windham, vice president and senior counsel at Becket. “That’s unnecessary and unconstitutional. The state’s own charter school board vetted St. Isidore and gave it the green light to participate—there’s no reason to second-guess that decision because it’s a religious school.” 

St. Isidore and the charter school board asked the Supreme Court to step in, and in early 2025 the Justices agreed to hear the case. Becket’s friend-of-the-court brief in support of St. Isidore is on behalf of the Orthodox Union, the nation’s largest Jewish synagogue organization representing more than 2,000 congregations and more than 400 Jewish K-12 schools across the United States. For many Orthodox Jews, sending children to Jewish day school is a requirement of the faith, and many Orthodox Jewish families use public funding to help cover tuition. Like other schools in America, Orthodox Jewish schools often rely on government funding to provide additional security measures and much-needed assistance to students with disabilities. If states like Oklahoma are allowed to continue skirting the law by excluding religious schools, Orthodox Jewish communities will be harmed.  

“How many times does the Supreme Court need to say the same thing? You can’t exclude religious schools from state programs just for being religious,” said Windham. “We are confident the Supreme Court will do that once more in this case and protect families’ right to more educational choices, including religious schools.” 

A decision is expected by the end of the Court’s term in June. 

For more information or to arrange an interview, contact Ryan Colby at [email protected] or 202-349-7219.