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Charles J. Russo, Joseph Panzer Chair in Education and Research Professor of Law, University of Dayton

Can a charter school be religious? The Supreme Court decision about St. Isidore, a Catholic school in Oklahoma, could redraw lines around church and state in education

If approved, St. Isidore's would be the first religious charter school. Jonathan Kirn/The Image Bank via Getty Images

The Supreme Court has agreed to decide whether Oklahoma can open St. Isidore: an online Roman Catholic charter school named after the patron saint of the internet. If affirmed, the school would be the nation’s first faith-based charter – a sea change in education law, expanding the boundaries of government aid to faith-based schools.

On Jan. 24, 2025, the justices agreed to hear two consolidated cases: Oklahoma Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond. Gentner Drummond, the state’s attorney general, filed suit in 2023 to block the school’s contract. In Oklahoma’s courts, Drummond argued that St. Isidore’s creation would violate state statutes, Oklahoma’s Constitution and the U.S. Constitution – and the Supreme Court of Oklahoma agreed with the attorney general.

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