Oklahoma’s Religious Charter School Approval Garnering Legal Pushback

Oklahoma became the first state in the nation to greenlight a publicly funded religious charter school–but the decision has already sparked controversy.  

The Oklahoma Statewide Virtual Charter School Board gave the go ahead to the Archdiocese of Oklahoma City and the Diocese of Tulsa’s application to run a religious charter school. There is already legal blowback in the works.

This decision resulted in at least one lawsuit from Americans United for Separation of Church and State.

“We are planning to go to court to protect the religious freedom of all taxpayers in Oklahoma,” Rachel Laser, CEO/ President of Americans United for Separation of Church and State, said. “It absolutely opens the door to more emboldened religious extremists, saying we want to turn our public schools into Sunday schools.” 

The approval also drummed up mixed reactions from Oklahoma leaders about the decision.

“Oklahoma has shown itself to be a leader on school choice and on religious liberty,” State Superintendent Ryan Walters said. 

“Yesterday as a state took a stake and drove it in the heart of religious liberty and that bleeding will result in an ultimate evisceration of religious rights for Oklahomans,” Attorney General Gentner Drummond said.

This decision was made at the State Virtual Charter School Board meeting on Monday. Religious leaders and members of the community spoke for and against opening the school during public comment. 

Ultimately, the board voted to approve the applications, with a 3-2 vote.

“I think there's a lot of questions right now about whether that was proper and even legal, if the vote is valid,” Laser said.

The questions over the validity of the vote stem from the newest board member’s appointment. Brian Bobeck was appointed to the board Friday and was allegedly not supposed to take office until November. 

During the meeting, Bobeck was asked to abstain from the vote regarding the catholic charter school, but denied, and voted in favor. If he had not voted, it would have been a 2-2 vote.

While some question the legality, Walters said the vote was legal, and the board operated in good faith.

“The reality is a board vote was taken, it was legal, people were appointed in a legal process,” Walters said.

Drummond said the decision will receive more legal challenges.

“You can anticipate that when that contract is signed my office will bring in action,” Drummond said.

While some say church and state should stay separated, others think this catholic charter school will be a game changer for Oklahoma education.

“We're in the bottom 10% in almost every educational outcome,” Walters said. “These are ways we're going to think outside of the box and do more than any other state to empower families and do all that we can to protect religious liberties.”

“This is a state action funding a religious school which flies in the face of the constitution,” Drummond said.