On Wednesday, the U.S. Supreme Court heard oral argument in Drummond v. Oklahoma, a high-profile case addressing whether the State of Oklahoma can prohibit religious charter schools. If the Court rules in favor of religious charter schools many fear it could render many states’ charter school laws, potentially including California’s, unconstitutional. Charter advocates are concerned that a ruling in favor of religious charter schools might prompt state legislators to repeal or severely undermine charter school statutes, especially in “blue” states like California.
The Court appeared split along ideological lines with three or four justices in favor of religion, three clearly against, leaving Chief Justice John Roberts and Justice Neil Gorsuch as the deciding votes. This article provides an overview of the case, the underlying legal concepts, the Court’s oral argument, and potential high-stakes impact in California.
Oklahoma’s Charter Law and the St. Isidore Case
At issue is whether Oklahoma’s statewide Charter School Board may grant a charter to St. Isidore, a nonprofit corporation formed by the Oklahoma City Archdiocese, that proposes to operate an explicitly Catholic charter school...
