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The order, announced on Monday, initiates a review of various state laws and policies to ensure they comply with religious freedom protections enshrined in both the U.S. Constitution and the Oklahoma Constitution.
Oral arguments over the case will be heard at the Supreme Court on April 30.
St. Isidore of Seville Catholic Virtual School petitioned the high court to review the decision on the basis of Supreme Court precedent and the Free Exercise Clause of the First Amendment.
Oklahoma Attorney General Gentner Drummond, a Republican who has opposed the school on religious freedom grounds, requested the Oklahoma school board rescind the contract or face contempt charges.
The Statewide Charter School Board is set to meet on Aug. 12, where it will review the ruling.
Last week Drummond ordered the statewide charter board to comply with the court’s ruling.
In the U.S., charter schools are free, publicly funded schools that have greater flexibility in their operations and management than traditional public schools.
The move comes after Louisiana Gov. Jeff Landry signed legislation requiring schools and colleges that receive public funding to display the Ten Commandments in every classroom.
In a dissent to the state high court’s majority opinion, Justice Dana Kuehn argued that St. Isidore’s would be a partner of the state, not a government entity, and thus the state denying funds to St. Isidore’s because it is religious would violate the Free Exercise Clause of the First Amendment.
In October 2023, the state board approved the charter contract for St. Isidore of Seville Catholic Virtual School, putting the school on the path to becoming the first religiously affiliated charter school in the United States.
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