While a decision was made recently in a lawsuit around publicly funded religious instruction in Oklahoma, there is still another active district court case against the virtual Catholic public charter school that hoped to open this year.
Attorney General Gentner Drummond’s lawsuit was decided by the Oklahoma Supreme Court Tuesday. A majority of justices ruled against St. Isidore of Seville, saying the creation of a taxpayer-funded religious school violates Oklahoma’s constitution.
But a class action lawsuit brought by the Oklahoma Parent Legislative Action Committee (PLAC) in July of last year against the Statewide Virtual Charter School Board for approving St. Isidore is still pending in Oklahoma County District Court.
Erin Brewer is a plaintiff in the PLAC lawsuit. She says she isn’t surprised by the Supreme Court ruling and that Catholic leaders plan to appeal to the conservative U.S. Supreme Court.
“We believe that was their intention all along, that they’d hope to make this a national test case. And what they’re really trying to do is blur the lines in the separation of church and state.”
Nonprofit Americans United for Separation of Church and State is also involved in the suit. CEO Rachel Laser said it’s “very unlikely” the U.S. Supreme Court would overturn Oklahoma’s ruling, but if it did, the district case could “still prevent St. Isidore from operating” because it has a broader scope than Drummond’s suit.
“Unlike that case, our case also explains that St. Isidore intends to unlawfully discriminate in student admissions, student discipline, and employment based on grounds that include religion, sexual orientation, gender identity, and disability,” wrote Laser in an email to Public Radio Tulsa.
St. Isidore and the Archdiocese of Oklahoma City declined an interview, but will hold a 10 a.m. public meeting Friday morning at the Chancery in Broken Arrow.
