Gentner Drummond isn’t the only state attorney general interested in whether Oklahoma will open the country’s first publicly funded religious charter school.
Oklahoma’s Supreme Court ruled in June that the Catholic Archdiocese of Oklahoma’s application for St. Isidore of Seville Virtual Charter School violates both state and U.S. constitutions.
Since then, parties in support of the school have filed 12 briefs asking the United States Supreme Court to review the case. One such brief represents the interests of South Carolina, Alabama, Arkansas, Louisiana, Montana, Nebraska, Texas and Utah.
“It’s admittedly unusual for state attorneys general to challenge the constitutionality of another state’s laws,” the brief reads. “…(But) the Oklahoma Supreme Court’s ruling is an expansion of the ever-widening split of authority regarding foundational constitutional rights.”
In the brief, South Carolina Attorney General Alan Wilson argues the school would not violate freedom of religion because it won’t restrict religious expression. Wilson also argues the Oklahoma Supreme Court used the First Amendment “to single out and exclude religious observers from eligibility for a public benefit.”
KWGS has reached out to Wilson’s office for comment.
Drummond has so far filed the lone opposition brief, arguing Oklahoma’s constitution prohibits use of public money to promote one religion.
When asked about Drummond’s stance, a spokesperson for the attorney general pointed to provisions in the Oklahoma Constitution barring religious influence in public schools.
“Neither (the charter school) nor the (charter school board) ever affirmatively sought to have the Oklahoma Supreme Court declare that (these provisions) of the Oklahoma Constitution violate the U.S. Constitution,” the brief reads.
Drummond has consistently opposed St. Isidore receiving public money, arguing it would open the door for any religious school to receive state funding.
Oklahoma State Superintendent Ryan Walters, Gov. Kevin Stitt and former attorneys general John O’Connor and Scott Pruitt have filed briefs in support of the school. They are joined by several organizations including the Manhattan Institute, Classical Charter Schools of America and the Center for Constitutional Jurisprudence.
