EdChoice Defends Religious Freedom—and Genuine School Choice—Before SCOTUS

Press Release: For Immediate Release
March 13, 2025

For more information or to schedule an interview, contact:
Chantal Lovell
[email protected] | 989-251-8388

EdChoice Defends Religious Freedom—and Genuine School Choice—Before SCOTUS

Brief: Oklahoma May Not Exclude Religious Schools from Participating in its Charter School Program

INDIANAPOLIS— EdChoice has lent its support to a religious freedom and school choice case pending before the Supreme Court of the United States, arguing that non-profits should not be denied charter school participation simply because they offer religious instruction.

Today, EdChoice’s legal arm, EdChoice Legal Advocates (EdLA), filed a brief in support of St. Isidore of Seville Catholic Virtual School and the Oklahoma Statewide Charter School Board, which are appealing a lower court decision in a lawsuit filed by the Oklahoma Attorney General. Attorney General Gentner Drummond sued to prevent the Board from granting a charter to St. Isidore, incorrectly claiming doing so would violate separation of church and state. SCOTUS will hear the case on April 30, and if successful, St. Isidore could become the nation’s first religious charter school.

“The Oklahoma Supreme Court wrongly assumed that granting a charter to St. Isidore transforms it into a government entity,” said Thomas Fisher, Executive Vice President and Director of Litigation at EdChoice. “But a charter is merely a contract; it does not create or control the school—nor does every government contract convert a private institution into a state actor. The Supreme Court has already rejected the argument that public funding alone is enough to erase an entity’s private status.”

The key question in this case is whether a private entity, St. Isidore, is subject to the restrictions that apply to government agencies. States cannot discriminate against religious private entities, but a “state actor”—such as a traditional public school district—cannot offer religious instruction. An expansive interpretation of who is a state actor could sweep in all private schools that participate in choice programs, restricting student access to innovative schools, including religious schools.

“Because Oklahoma does not control the instruction at charter schools, denying St. Isidore’s charter is discrimination against religious education, the very type of exclusion the Supreme Court has previously outlawed,” Fisher continued. “Although states do not need to enact charter school programs that permit private control over instruction, once they do so, they cannot discriminate against religious instruction. The main benefit of charter schools is to foster educational diversity, giving families access to schools with different instructional models. Genuine educational choice, including religious schools, improves outcomes for students.”

Also joining the brief are Americans for Prosperity Foundation, Atlantic Legal Foundation, and yes. every kid. foundation.

Read the full brief here.

EdChoice, a 501(c)(3) nonprofit, nonpartisan organization working to advance educational freedom and choice for all students as a pathway to successful lives and a stronger society, launched EdLA in 2023 to defend school choice programs in the states. EdLA filed this brief in partnership with co-signers Americans for Prosperity Foundation, Atlantic Legal Foundation, and yes. every kid. foundation.

To be connected with Thomas Fisher, contact Chantal Fennell at [email protected].

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