Over 19 attorneys general are urging the U.S. Supreme Court to block the creation of America’s first taxpayer-funded religious charter school, warning the case could “destabilize” public education nationwide.
The coalition filed an amicus brief in Oklahoma Statewide Charter School Board v. Drummond, supporting Oklahoma’s Supreme Court ruling that struck down approval of St. Isidore of Seville Catholic Virtual School as a public charter in 2024. The case now before the nation’s highest court tests whether public funds can support religious instruction through charter schools.
“The Constitution is clear: taxpayer money should never be used to teach religion in our public schools,” Brown said, arguing charter schools—as public institutions—must remain secular under the First Amendment. The brief emphasizes that all 45 states with charter laws require them to be non-sectarian, open to all students, and tuition-free.
“Charter schools are not private schools – they are public schools,” said Arizona Attorney General Mayes. “Allowing religious charter schools would force states to choose between violating the Constitution or dismantling their public charter systems.”
“The Constitution is clear: taxpayer money should never be used to teach religion in our public
schools,” said Maryland Attorney General Brown. “Our Office will defend public schools and their
funding to ensure they remain open to all students and free from religious instruction.”
“Charter schools are taxpayer-funded public schools, not private contractors or religious institutions, and must still abide by constitutional rules,” said California Attorney General Bonta. “This means charter schools must be open to all students, charge no tuition, and stay free of religious instruction. I urge the U.S. Supreme Court to uphold the Oklahoma Supreme Court’s decision — the structure and government of public schools should remain with the states, not the federal courts.”
“Charter schools are, and have always been, public schools,” said Colorado Attorney General Phil Weiser. “This case attempts to blur the line between public governance and private interests in education. If successful, this case would open the door to religious instruction in public schools, intertwine the government with religion, and severely disrupt education systems that millions of families rely on. We are urging the Court to preserve the clear constitutional boundary that protects both religious liberty and the integrity of our public education system.”
The attorneys general warn that a ruling favoring the Oklahoma Catholic school could:
- Force states to fund religious instruction in public charters or dismantle charter programs entirely
- Upend billions in education funding by blurring lines between public and private schools
- Strip states of their authority to govern public education systems National Implications
“If charter schools are reclassified as private, it would throw state education budgets and policies into chaos,” the brief states, noting that Maryland and other states rely on charters’ public status for funding and oversight.
The coalition includes attorneys general from Arizona, California, New York, and 14 other jurisdictions. Oral arguments are expected later this month, with a decision likely by June 2025.
“Minnesota is one of 46 that states along with the federal government require charter schools to be non-sectarian. These laws exist because charter schools are bound by the First Amendment, and granting charters to religious schools would violate it. My fellow attorneys general and I are asking the court to preserve charter schools as public, governmental entities that bring citizens into the governance of our public schools,” Minnesota Attorney General Keith Ellison.
“Massachusetts is home to some of the country’s best charter and traditional public schools, and it’s a fundamental constitutional principle that these institutions remain free of cost, open to all students, and free from religious instruction,” said Massachusetts Attorney General Andrea Joy Campbell. “I’m proud to join my colleagues in standing up for the First Amendment, which firmly rejects the notion of taxpayer-funded religious schools.”
