Politicians across the nation claim they want a world-class education system that ensures every child receives the education they deserve.
How we get there is the source of debate. Despite spending hundreds of billions of dollars in recent decades on our public education system, we have very little to show. According to the Organization for Economic Cooperation and Development (OECD), the U.S. hovers near the middle of the pack internationally in standardized test scores even as other countries have advanced. One report said, “The U.S. struggled the most in math, where 15-year-olds in 29 other countries had higher average scores than Americans.”
This is unacceptable. And while there are a variety of reasons for our education stagnation, we believe that one answer is to provide families more choice, including private, religious schools.
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Parents in Oklahoma have been fighting for more education freedom for decades. One way Oklahoma responded was by expanding access for new and innovative charter schools as alternatives for parents seeking a better education for their children, including offerings such as a French-immersion school.
But Oklahoma’s choice is under attack once again at the United States Supreme Court.
In Oklahoma, we have been battling two different lawsuits trying to destroy faith-based options for parents to choose. The ACLU, Freedom from Religion Foundation and others filed the first suit. Shockingly, the attorney general of Oklahoma, Gentner Drummond, filed the second.
The aim of both suits is to prevent the Statewide Charter School Board and our Oklahoma Department of Education from treating St. Isidore of Seville Catholic Virtual School the same as every other applicant who applies to be a charter school simply because it is faith-based. The U.S. Supreme Court will soon hear arguments in the case.
Oklahoma is rural. To ensure parents in rural areas have expanded choices, virtual options are available. We believe in Oklahoma that parents are best positioned to determine the educational needs of their own children and that the Oklahoma Department of Education should give parents as many options as possible to meet a diverse array of needs. Some parents may choose their local school, some parents may choose a brick-and-mortar charter school in their area, some parents may prefer a virtual approach.
St. Isidore applied to be one of those options. They met all the academic criteria we require in Oklahoma to be a qualified option for parents. However, the ACLU and Attorney General Drummond objected, claiming that the state must discriminate against St. Isidore because it is Catholic.
Supporters of school choice responded that we are simply trying to expand options for parents, and we are not allowed to violate the Free Exercise Clause of the United States Constitution.
In fact, we felt bound by prior U.S. Supreme Court decisions prohibiting this kind of religious bigotry in educational choices, including Carson v. Makin, a recent case won by the Institute for Justice and First Liberty Institute against the state of Maine for doing precisely what Drummond is demanding be done here – engaging in religious bigotry against a faith-based educational option.
The argument, advanced by the ACLU and Drummond, is that religious bigotry is enshrined in the Oklahoma Constitution because it has two provisions that work together to prohibit government resources from aiding a faith-based educational program.
These provisions are sometimes called “little Blaine Amendments,” because they harken back to efforts by Senator James Blaine from Maine in the late 19th Century to ensure that no public funds would go to Catholic schools but rather would be reserved to the more Protestant-friendly public schools.
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This effort to ban Catholic schools from receiving any aid is a “doctrine, born of bigotry,” according to Justices Clarence Thomas and Samuel Alito. It is this bigotry that the ACLU and Drummond are attempting to continue, and it is this bigotry that we intend to end in Oklahoma.
For decades, politicians and activists pointed fingers at each other, each trying to blame another for the educational ills of our home state. Almost every solution offered sounds different and promising, but they usually have the same thing in common – they are government-led solutions.
We are trying to do something different in Oklahoma. We are trying to empower parents to decide for their families and force schools to compete for parents in an open market system. Some parents would like a faith-based option.
Excluding that option in the name of 19th century religious bigotry is just another political agenda driving education policy.
Instead of fighting against parents and telling them that government officials know what is best for their children, we should instead listen to them. There is hope that the Supreme Court will give us this chance, a chance to take power away from government bureaucrats and give it back to the people.
Ryan Walters, Oklahoma’s State Superintendent of Public Instruction since 2023, is a former high school history teacher and education reform advocate committed to parental empowerment and conservative policy initiatives in public education. Hiram Sasser is Executive General Counsel for First Liberty Institute, a nonprofit law firm dedicated to defending religious freedom for all.