In a win for the separation of church and state, the Oklahoma Supreme Court ruled that Oklahoma’s approval of the nation’s first religious public charter school violates the state constitution and charter-school statute, as well as the U.S. Constitution. The decision affirms what we already knew: A religious school can’t be a public school, and a public school can’t be religious.

Last year, St. Isidore of Seville Catholic Virtual School applied to the Oklahoma Virtual Charter School Board to become a public charter school. The school, which would have been managed by the Archdiocese of Oklahoma City, proclaimed in its application that it would carry out “the evangelizing mission of the [Catholic] Church” by fully embracing its religious teachings and incorporating those teachings “into every aspect of the School.” The school also acknowledged that it would discriminate in admissions, student discipline, and employment, as necessary to satisfy the Catholic Church’s religious doctrine, and that it would not accommodate a student’s disability if doing so would violate the school’s Catholic beliefs.

Despite warnings from the Oklahoma attorney general, education groups, and civil rights organizations that public schools—including charter schools—cannot legally teach a religious curriculum or discriminate against students and employees, the Virtual Charter School Board approved St. Isidore’s application and entered into an agreement allowing the school to begin operating for the upcoming school year. Today, in ordering the state board to rescind its contract with St. Isidore, the Oklahoma Supreme Court sent a pointed message: Our public schools are for education, not evangelizing.

The court held that charter schools, which are funded by the state, created as government entities, and expressly characterized in state law as “public schools,” are, of course, just that – public schools. As a result, the court explained, a religious public charter school violates not only the Establishment Clause of the First Amendment, but also Oklahoma’s charter school law and constitution, which forbid public schools from imposing religious teachings on students. “Enforcing the St. Isidore contract would create a slippery slope and what the [state constitution’s] framers warned against—the destruction of Oklahomans’ freedom to practice religion without fear of governmental intervention,” the court stated.

The ruling comes in response to a petition filed with the Oklahoma Supreme Court by the Oklahoma attorney general, who sought to rescind the Charter School Board’s contract with St. Isidore. Although some people may be surprised that a Republican attorney general would object to the nation’s first religious public charter school, safeguarding the separation of church and state is not, and never should be, a partisan issue.

OKPLAC, Inc. v. Statewide Virtual Charter School Board

Nine Oklahoma residents and a nonprofit organization dedicated to supporting public education in Oklahoma filed a lawsuit in July 2023 in state...

Source: American Civil Liberties Union

That’s why the ACLU, along with Americans United for Separation of Church and State, Education Law Center, and the Freedom From Religion Foundation, filed a friend-of-the-court brief in the case supporting the attorney general. Even before the attorney general filed his petition, we brought suit in Oklahoma state court on behalf of parents, faith leaders, and public-school advocates who don’t want their tax dollars used to fund a religious public school that discriminates against students and staff and promotes religious doctrine.

Church-state separation is a cornerstone of our democracy. It’s critical to preserving the right of every person to decide for themselves—without pressure from the government—which religious beliefs, if any, to hold and practice. It also ensures that the government doesn’t undermine religion either by co-opting it for political purposes or rendering religious institutions dependent on the state to spread their faith. Indeed, the U.S. Supreme Court has repeatedly emphasized that the separation between religion and government is particularly crucial in our public schools, which, by design, freely serve all students equally regardless of religious background or preference.

St. Isidore is, and has always been, free to open as a private religious school that taxpayers would not be forced to support. It is not free, however, to assume the mantle of a public school—including all the associated legal and financial benefits—while flouting the Oklahoma and U.S. Constitutions. The Oklahoma Supreme Court recognized as much, explaining, “What St. Isidore requests from this court is beyond the fair treatment of a private religious institution receiving a generally available benefit…It is about the state’s creation and funding of a new religious institution violating the Establishment Clause.”

A 2023 Texas law allowing public schools to hire chaplains, or accept them as volunteers, to provide student support services has inspired more states to consider copycat legislation. In March 2024, the Florida Legislature passed a school chaplain bill, which now awaits the governor’s signature. Similar bills have been introduced in 13 other states: Alabama, Georgia, Indiana, Iowa, Kansas, Louisiana, Maryland, Mississippi, Missouri, Nebraska, Ohio, Oklahoma, and Utah.

Most of the proposed legislation authorizing school chaplains would allow chaplains to take on sensitive and critical responsibilities, such as counseling students, without the same qualifications as school counselors or other student support staff.

The ACLU, along with faith groups and other civil rights organizations, has vigorously opposed these efforts. Allowing chaplains in public schools violates students’ and families’ right to religious freedom. And, because chaplains are typically not trained or certified to provide educational or counseling services to youth, students are likely to receive inadequate mental health support that, in some cases, may be harmful.

Allowing public schools to establish paid or voluntary positions for chaplains will inevitably lead to evangelizing and religious coercion of students. This violates the First Amendment’s Establishment Clause, which, along with the Free Exercise Clause of the First Amendment, safeguards the constitutional right to religious liberty. Courts have repeatedly ruled that it is unconstitutional for public schools to invite religious leaders to engage in religious activities with students or to promote religious doctrine to them.

A Religious Public Charter School in Oklahoma? Not on Our Watch.

A charter school approved by state officials would unlawfully discriminate and teach a religious curriculum. We’re suing.

Source: American Civil Liberties Union

Chaplains are trained to provide spiritual guidance. They do not have the experience necessary to ensure that they adhere to public schools’ educational mandates and avoid veering into impermissible religious counseling and promotion of religion. In fact, many of the bills proposed across the country specifically state that school chaplains do not need the same qualifications or certifications as school counselors or staff who provide other support services for students. Exempting chaplains from the same professional requirements as other school staff makes clear that installing them in public schools is not about helping students, but is yet another effort to subject children to unconstitutional government sponsored religious indoctrination.

Authorizing untrained and uncertified chaplains to engage in the same duties as school counselors will result in inadequate mental health support for students. In some cases, chaplains may provide inappropriate responses or interventions that could gravely harm students, including those experiencing mental health crises, LGBTQ students, and other vulnerable individuals. When a student seeks mental health care at school, that care should be provided by a qualified professional.

School chaplain bills usurp the role of religious communities. Chaplains themselves have opposed these bills, arguing that they would “misuse the authority of chaplains of any religion” and “cause division among student bodies” that include students of myriad faiths as well as non-religious students.

These bills also undermine the fundamental promise of our public education system: Public schools must serve all students equally. The ACLU, together with faith groups, civil rights organizations, and chaplains nationwide, is pushing back against these unconstitutional efforts to impose religion on public school students. To ensure that our public schools remain safe and welcoming for everyone, state lawmakers and school boards must do the same.