Attorney General Ellison urges Supreme Court to reject creation of taxpayer-funded religious charter school

Joins coalition of 18 AGs in asking Court to uphold ruling of Oklahoma Supreme Court that found approval of the school unconstitutional; argue charter schools must remain secular under First Amendment

April 8, 2025 (SAINT PAUL)  — Minnesota Attorney General Keith Ellison has joined a coalition of 18 attorneys general in filing an amicus brief urging the U.S. Supreme Court to reject the creation of the nation’s first taxpayer-funded religious charter school. In the case of Oklahoma Statewide Charter School Board v. Drummond, Attorney General Ellison and the coalition ask the court to uphold a ruling by the Oklahoma Supreme Court, which found the school’s approval unconstitutional.

The case centers on St. Isidore of Seville Catholic Virtual School, which the Oklahoma Statewide Charter School Board approved in 2023 to operate as a public charter school with a religious mission. In 2024, the Oklahoma Supreme Court struck down that decision, finding it violated both the state and federal constitutions. The board and school supporters appealed to the U.S. Supreme Court, which will hear the case later this month.

“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,” Attorney General Ellison said.

In the brief, Attorney General Ellison and the coalition explain that charter schools, like all public schools, must remain secular under the First Amendment. They are not private contractors or religious institutions, but part of the public education system, created to give parents and educators a greater role in shaping schools while still following constitutional rules. That includes being open to all students, charging no tuition, and staying free of religious instruction.

Every state with charter schools requires them to remain non-religious, and Attorney General Ellison and the coalition explain that allowing religious charter schools would override those laws and force states into an impossible position. States could be required to provide religious instruction in what are public schools or shut down charter school programs entirely to avoid violating the Constitution. The attorneys general argue that the choice of how to structure and govern public schools should remain with the states, not the federal courts.

Joining Attorney General Ellison in filing the amicus brief with the Supreme Court are attorneys general of Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maine, Maryland, Massachusetts, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Washington.