The U.S. Supreme Court began to consider on Wednesday whether religious schools can be charter schools under a school choice program or whether prohibiting them from doing so violates the Free Exercise Clause of the Constitution.

The case is based in Oklahoma, which has a law that bars religious schools from the charter program. Charter schools in Oklahoma are privately run but publicly funded and are free to all students.

As in other states, charter schools in Oklahoma are an option for parents and students who don't like the regular public school options.

The Oklahoma Supreme Court ruled that the St. Isidore of Seville Catholic Virtual School cannot be a charter school after the Oklahoma Statewide Charter School Board approved a charter application for the school.

"Seeking results, not roadblocks"

Attorney General Gentner Drummond, who is a Republican, sued to cut off the school's funding after he took office. 

But the Alliance Defending Freedom, which is representing the charter board and the school, said it was being discriminated against and that the state law violated the Free Exercise Clause.

“Instead of embracing schools like St. Isidore who are stepping up to provide solutions are discriminating against them just because of their faith,” charter board chair Brian Shellum said in a press call attended by The Daily Wire. “That’s not just unfair, it’s unconstitutional. Parents understand what’s at stake in this case. They are seeking results not roadblocks.”

Two questions will be looked at by the court:

1. “Whether the academic and pedagogical choices of a privately owned and run school constitute state action simply because it contracts with the state to offer a free educational option for interested students," and
2. Whether the Free Exercise Clause is being violated by the state law mandating charter schools be "non-sectarian."

Alliance Defending Freedom weighs in

“A ruling for Petitioners will promote parental choice, individual liberty, educational diversity, and student achievement. It will also improve the lives of economically disadvantaged families and children by creating high-quality educational opportunities that are currently out of their reach,” lawyers for Alliance Defending Freedom wrote in a brief. “Excluding religious groups from Oklahoma’s charter-school program denies these opportunities and causes real harm. The Court should uphold the First Amendment and end this discrimination.”

The Supreme Court has recently decided three other state cases in favor of religious organizations that had been locked out of state programs, Alliance Defending Freedom lawyer Jim Campbell shared with the Daily Wire.

In the Maine case, the court ended a ban on vouchers going to religious schools, a very similar situation to the case in Oklahoma.

Drummond, who says he is a committed Christian, is opposed to tax dollars funding any teaching of religion.

“As a committed Christian, the last thing I want is for my tax dollars to be used to fund the radical teachings of Sharia or the demonic worship of Satan. Thankfully, the Court agreed with my position and our religious liberty is protected — for now,” he said after the state supreme court ruling. “Let me be clear: Religious liberty means every citizen is free to worship as he or she believes. Religious liberty does not mean that the government should fund religious indoctrination with our tax dollars.”

But there's a difference between "religious indoctrination" and allowing parents to choose a school that fits their religious beliefs or choosing it for educational reasons. In this case, Drummond is just wrong; no one is being forced to attend these schools, and parents should be able to choose.