Oklahoma court considers whether to allow first publicly funded Catholic school in the US

Oklahoma’s Republican Attorney General Gentner Drummond has urged the state's highest court to not allow the creation of what would be the 'first publicly funded Catholic charter school' in the US.

Oklahoma Attorney General Gentner Drummond stands during the playing of the national anthem at the inauguration ceremonies, Jan. 9, 2023, in Oklahoma City. Drummond urged the state’s highest court on Tuesday, April 2, 2024, to stop the creation of what would be the nation’s first publicly funded Catholic charter school.  (AP Photo/Sue Ogrocki)

The case is being closely watched because supporters of the school believe recent U.S. Supreme Court decisions have indicated the court is more open to public funds going to religious entities.

One of Oklahoma's high court justices asked Drummond if there aren't already examples of using taxpayer funds for religious purposes, such as Medicaid funding for patients who go to St. Anthony's Hospital, a Catholic health care provider in Oklahoma City.

Drummond said there is a distinct difference between a religious entity qualifying for state funding for a service it provides and the Catholic charter school, which became a public institution with the school board's vote.

"The state and church are intertwined as has never happened before," Drummond said. He added that approving the school would open the door for public schools to teach Islamic doctrine or even Satanism.

Michael McGinley, an attorney for St. Isidore, argued that numerous private religious organizations receive state funding for providing services to students and that it's unconstitutional to reject the archdiocese's application simply because it is religious.

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"We have a program that's open to everybody, except religious organizations," he argued. "You can't do that."

McGinley said the online school already has received hundreds of applications and hopes to receive its state funding on July 1. Classes are scheduled to begin in the fall. The school would be open to students throughout Oklahoma in kindergarten through grade 12.

The court did not indicate when it would rule.

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