A Religious Charter School? A Discussion on the Limits of State Action and Demands of the Free Exercise Clause

FedSoc Forums

On June 25, 2024, the Oklahoma Supreme Court ruled that the nation’s first religious charter school, St. Isidore of Seville Catholic Virtual School, was unconstitutional under the Establishment Clause based on its view that the privately operated school was both a government entity and a state actor. This finding of state action also led the court to uphold a state law that expressly bans religious entities but not secular ones from operating charter schools. This forum will present views from litigation counsel on both sides of this historic case. Panelists will explore the arguments for and against St. Isidore, including whether St. Isidore can fairly be considered a state actor and whether the Free Exercise Clause prevents a state from discriminating against religious operators in a public program that encourages private innovation in the formation of charter schools.
Featuring:
Alex J. Luchenitser, Associate Vice President & Associate Legal Director, Americans United for Separation of Church and State
Philip A. Sechler, Senior Counsel, Alliance Defending Freedom
(Moderator) Prof. Michael P. Moreland, Professor of Law and Director of the Eleanor H. McCullen Center for Law, Religion and Public Policy, Villanova University Charles Widger School of Law