News and Insights

Why the Upcoming Supreme Court Decision about St. Isidore Matters

April 28, 2025

On April 30, the Supreme Court will hear oral arguments regarding the St. Isidore of Seville Catholic Virtual School (Oklahoma Statewide Charter School Board v. Drummond), a case that could have major implications for public schools in the U.S. and the separation of church and state.  

Here are four things to know about the case and why it is so important to watch.

1. How did we get here?

• This case began in Oklahoma when the state Attorney General rejected a “charter application” due to concerns about the operation of a religious school using public taxpayer funds.
• The school brought a legal challenge and the case traveled upstream, eventually landing in the Oklahoma Supreme Court which ruled with the Attorney General.
• The school appealed to the U.S. Supreme Court which agreed to take the case. This Roberts Court has shown greater inclination to hear cases regarding religious freedom, particularly around the “Free Exercise Clause” of the Constitution.

2. What are the major issues being raised?

• The Free Exercise Clause protects an individual’s right to practice religion as they see fit as long as it doesn’t infringe “public safety, order, health and morals.” Furthermore—and important here—it is supposed to preserve government neutrality, meaning it cannot favor one religion over another. At the same time, the Constitution’s Establishment Clause prevents the government from endorsing one religion over others (or religion over non-religion). This is the foundation for the separation of Church and State.  
• In recent years, the Roberts Court has interpreted these clauses to be in contradiction with each other, ruling in several cases to protect individual religious freedom over religious neutrality, citing government interference in religious practice.
• Charter schools are tuition-free public schools approved by each state, typically run by nonprofits. They receive funding from the state government, meeting specific performance benchmarks in exchange for more autonomy than traditional public schools (i.e. hiring, curriculum). The tension point in this case is the organization seeking a charter is religious, which conflicts with standard provisions prohibiting religious affiliation for a publicly-funded institution.

3. What are the potential consequences of the ruling?

• There are a number of potential implications regardless of how the Court rules—whether for or against. If the Supreme Court ruling comes to a draw, then the lower court decision is affirmed.
• Charter schools have long been characterized as public though questions have persisted for several decades about this distinction. The decision in this case may recast charter schools as private entities.
• If the court rules in favor of St. Isidore, many experts and education advocates argue this will fundamentally change the future of public education because it would weaken the separation of Church and State, undermine the secular nature of public education and open the door to religious instruction in public schools. 
• If the Court rules against St. Isidore, things will remain status quo but states anticipate a flurry of similar lawsuits.

4. How is this likely to turn out?

• Most legal experts who study the courts, believe this court will find in favor of the charter school based on prior precedent.
• If Justice Amy Coney-Barrett had not recused herself, this would be a slam dunk for the school. However, her recusal offers the possibility that Chief Justice Roberts’ might rule with the more liberal Justices which will result in a draw.

We expect a decision from the Court sometime in June or July. Read more about the case in the SCOTUSblog, The Hechinger Report, or The New York Times.