The future of the country’s first publicly funded religious charter school in Oklahoma is now in the hands of the U.S. Supreme Court as justices agreed to take up the case on Friday.

In a court battle that directly challenges the boundaries of separation of church and state, officials in Oklahoma have asked the court to intervene in a dispute over the constitutionality of St. Isidore of Seville Catholic Virtual School being funded by taxpayers. 

The school was proposed by the Roman Archdiocese of Oklahoma City and Diocese of Tulsa, supported by Oklahoma Governor Kevin Stitt and approved by the Oklahoma Statewide Charter School Board in 2023. It plans to serve students online throughout the state with an education intertwined with the Catholic faith.

However, the First Amendment of the Constitution prohibits the government from establishing a religion or preventing a person from practicing a religion.

Oklahoma Attorney General Gentner Drummond sued the charter school board for violating the state and U.S. Constitution, claiming public money cannot be used to support religious institutions.

In June, the Oklahoma Supreme Court sided with Drummond, saying the school violated state and federal law because it is a “surrogate of the state” by using public money for a state program.

However, the charter school board says preventing the school from participating would infringe on the right to exercise religion.

The Oklahoma Statewide Charter School Board is being represented by Alliance Defending Freedom, the conservative Christian legal group that has advocated against same-sex marriage, transgender rights, abortion and birth control access.

Lawyers from Alliance Defending Freedom wrote the model for Mississippi’s anti-abortion legislation that ultimately led to the Supreme Court overturning Roe v. Wade.

Among the questions the justices will have to decide is whether the privately run school’s actions are considered “state action” because it accepts public funding and serves all students, and if it violates the First Amendment by excluding privately run religious schools from state charter programs.

The case is expected to attract public attention, especially since the conservative justices, who hold a majority on the court, have issued rulings that expand religious freedoms.

The Supreme Court said Justice Amy Coney Barrett, who has ties to Alliance Defending Freedom, did not participate in deciding to take up the case. However, the court did not explain why she was recused.

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