The Oklahoma Supreme Court, in a landmark ruling, declared yesterday that the official state establishment of a religious charter school violates the First Amendment’s Separation Clause of the U.S. Constitution and other statutes under Oklahoma state law. This decision holds significant implications for the ongoing debate on the separation of church and state in education.

The decision came from a suit filed by plaintiffs against the Statewide Virtual Charter School Board, which had contracted with St. Isidore of Seville Virtual Catholic Charter School to operate a school within the state. Oklahoma Attorney General Gentner Drummond brought the suit against the state board, arguing that the contract crossed the line of separation between church and state.

In a statement, Drummond praised the ruling by calling it a “tremendous victory for religious liberty.” He added, “The framers of the U.S. Constitution and those who drafted Oklahoma’s Constitution clearly understood how best to protect religious freedom: by preventing the State from sponsoring any religion at all.”

Supporters of the Catholic Charter School argued that other religious institutions, such as hospitals, received state funding to provide benefits. Drummond argued that public education isn’t a benefit but a right afforded to every child, regardless of their faith background.

The decision was a victory for public education advocates who supported Drummond’s case against the state education board. A joint statement from Americans United for Separation of Church and State, the American Civil Liberties Union, the Education Law Center, and the Freedom from Religion Foundation praised the ruling, saying that it “safeguards public education and upholds the separation of religion and government.”

Mitch Randall, Good Faith Media’s CEO, was a plaintiff in the case. He released the following statement about the ruling: “The Oklahoma Supreme Court’s decision to deny public money to fund private religious education is a win for religious liberty for all citizens. Justices correctly interpreted and applied the Oklahoma Constitution, which prohibits using taxpayer dollars to advance religion. Oklahoma has a dark history of using taxpayer dollars to advance religion when assimilating Indigenous peoples to the Christian faith. Native American boarding schools, like Chilocco, come to mind.  Keeping church and state separate is a win for religion and all Oklahoma citizens— religious and nonreligious alike.”

The Oklahoma case comes as other states are testing the limits of the Separation Clause. Last week, legislators in Louisiana passed a law requiring a copy of the Ten Commandments to be placed in every public school classroom. Several civil liberties organizations filed suit on Monday to rescind the requirement.

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