In Oklahoma on Monday, the Oklahoma Statewide Virtual Charter School Board approved what would be the nation’s first religious charter school. The online school, St. Isidore of Seville Catholic Virtual School, is to be run by the Roman Catholic Archdiocese of Oklahoma City and the Diocese of Tulsa, with religious teachings embedded in the curriculum. Within minutes of the vote, Americans United for Separation of Church and State announced that it was preparing legal action to fight the decision. The ruling in this case is limited to the Board’s overview of online, virtual schools and is not a broader decision affecting all public schools in Oklahoma. The school’s patron saint is St. Isidore, patron saint of the internet.

Key US Supreme Court rulings in 2020 and 2022 ruled that religious schools could not be excluded from state programs that allow parents to send their children to private schools using government-financed scholarship or tuition programs. Chief Justice John G. Roberts Jr. wrote that while states were not required to support religious education, if a state chose to subsidize any private schools, it could not discriminate against religious ones. Supporters in Oklahoma applied similar arguments to St. Isidore, contending that excluding religious schools from charter funding was a violation of the First Amendment’s protection of religious freedom.

Charter schools are public schools, financed by taxpayer dollars, but given the freedom to operate more flexibly than traditional schools. Nationwide, 8 percent of public schools are charter schools. Advocates of religious charter schools argue that church groups should have the same right to manage schools as other organizations.

Catholic schools in the United States have always been private schools, in general, not receiving public funds. The movement in building and operating Catholic elementary schools began to grow quickly in the 19th century in the United States for several reasons:

Religious Instruction: One of the primary motivations for establishing Catholic elementary schools was to provide religious education to Catholic children. The Catholic Church believed that a solid religious foundation was essential for the spiritual development of children, and they wanted to ensure that Catholic children received a Catholic education. The norm of the time was that the curriculum often included Reformed Protestant classes on Scripture and faith.

Anti-Catholic Sentiment: During the 19th century, there was significant anti-Catholic sentiment in the United States, fueled by nativist movements such as the Know-Nothing Party. Many Protestants viewed Catholicism as a threat to American values and institutions. As a result, Catholic parents were often concerned about sending their children to public schools where they feared they would be subjected to anti-Catholic bias. Catholic schools provided a safe space for Catholic children to receive an education without facing religious discrimination.

Cultural Preservation: The establishment of Catholic schools also served to preserve the cultural and religious identity of Catholic immigrant communities. Many Catholic immigrants came to the United States during the 19th century, particularly from countries such as Ireland, Italy, and Germany. Catholic schools helped these communities maintain their language, traditions, and faith while assimilating into American society.

Lack of Access: In some areas, especially in rural or underserved urban areas, there was a lack of public schools. Catholic schools often filled this gap by providing education to children who did not have access to other educational institutions. These schools were typically run by religious orders or local parishes and served as a vital resource for families seeking education for their children.

Quality Education: Catholic schools were known for their commitment to academic excellence and discipline. They were often staffed by dedicated clergy and religious teachers who prioritized the intellectual and moral development of students. Catholic schools aimed to provide a well-rounded education that combined religious instruction with rigorous academics.

Advocates that argue against the Oklahoma decision are correct in that they assert if this decision is allowed to stand it represents a “sea change” in how “separation of church and state” will be viewed