The Oklahoma Statewide Charter School Board told the Supreme Court on Wednesday that the First Amendment is being trampled in the state over a Catholic school being barred from becoming a charter school.
Lawyers representing the board said that the justices have repeatedly ruled that a state cannot exclude religious observers from publicly offered benefits and programs.
“Twisting the Establishment Clause, it forces States to exclude religious groups from generally available government programs,” the board’s filing read.
The filing comes in a case that will be heard April 30, involving the nation’s first-ever religious charter school.
Oklahoma has denied St. Isidore of Seville Catholic Virtual School a place among its charter schools, citing the religious nature of its curriculum.
Oklahoma says the school, in becoming a charter, would be a “public” actor and that would run afoul of the Constitution’s prohibition on an establishment of religion.
But the school and its backers say they are being treated differently than other charter school applicants because of their religion.
A ruling is expected to come by the end of June.
The case is Oklahoma Statewide Charter School Board v. Gentner Drummond, Attorney General of Oklahoma.
• Stephen Dinan contributed to this report.
