Citing recent U.S. Supreme Court decisions, Oklahoma Attorney General John O’Connor advises that the Oklahoma Charter Schools Act’s prohibition of sectarian or religious entities managing a public charter school violates the First Amendment. That was a legal opinion issued by the Oklahoma Attorney General’s office on Thursday. It could lead to religious organizations applying to create charter schools in Oklahoma.
The opinion was requested by Statewide Virtual Charter School Board Executive Director Rebecca Wilkinson, asking if Oklahoma’s law could be enforced in light of the recent Supreme Court decisions. (Trinity Lutheran Church of Columbia, Inc. v. Comer, Espinoza v. Montana Department of Revenue, and Carson v. Makin) Each of those cases challenged government restrictions on religious organizations being involved with government programs, including public education.
O’Connor writes in the legal opinion that “we do not believe the U.S. Supreme Court would accept the argument that, because charter schools are considered public for various purposes, that a state should be allowed to discriminate against religiously affiliated private participants who wish to establish and operate charter schools in accordance with their faith alongside other private participants.”
The opinion advises that the state of Oklahoma should not enforce that provision of the Oklahoma Charter Schools Act.
Governor Kevin Stitt praised O’Connor for issuing the opinion which could lead to religious organizations applying to create or manage charter schools.
“Attorney General John O’Connor’s opinion rightfully defends parents, education freedom, and religious liberty in Oklahoma. Ultimately, government takes a backseat to parents who get to determine the best learning environment for their child,” said Stitt.
