Oklahoma AG Breaks Ranks with GOP On Charter Schools

Oklahoma Attorney General Gentner Drummond is making national headlines — and surprising many conservatives — as he challenges a major Republican priority at the U.S. Supreme Court. On April 30, the justices will hear arguments in a closely watched case that could reshape how religion and public education intersect. Drummond, a Republican and declared candidate for governor, is asking the Court to block the nation’s first taxpayer-funded Catholic charter school from opening.

The case centers on St. Isidore of Seville Catholic Virtual School, which hopes to operate with public funds. Drummond argues that government money should not be used to support religious instruction, warning it could open the door for public schools promoting any faith — including those many Oklahomans might oppose.

The Governor proves yet again his incredible talent for shortsightedness. As I have said many times, if the St. Isidore Catholic public charter school is allowed to proceed, the inevitable result will be taxpayer-funded public schools teaching Sharia law, Wicca — even the Church… https://t.co/uw2KoAY5SY

— Oklahoma Attorney General Gentner Drummond (@Okla_OAG) April 2, 2025

His position puts him at odds with major conservative figures, including Senators Ted Cruz, Josh Hawley, and James Lankford, writes The Washington Examiner. They argue that denying religious groups access to public charter school programs violates the First Amendment’s promise of free religious exercise.

The split is striking given Drummond’s strong ties to former President Donald Trump, who remains extremely popular in Oklahoma after winning the state easily in 2024. Political analysts say Drummond’s stance could carry serious risks for his future campaign.

Drummond insists the case is about maintaining a clear separation between church and state. Critics, however, accuse him of exaggerating the dangers. Religious groups, they note, already provide many publicly funded services — like hospitals and foster care — without blurring constitutional lines. Nicole Garnett, a Notre Dame law professor who specializes in education law, warned that Drummond’s argument could weaken the broader charter school movement by confusing public funding with direct government control.

At the same time, many conservative leaders are standing firmly behind St. Isidore. They point to the Supreme Court’s 2022 decision in Carson v. Makin, which held that states cannot exclude religious schools from public tuition programs just because they are religious. Supporters say allowing St. Isidore would give families more choices outside the traditional public school system.

Oklahoma Superintendent of Public Instruction Ryan Walters, a strong advocate for religious freedom in education, said Drummond’s position is out of step with voters. “The people of Oklahoma want their religious liberties respected,” Walters said.

Over 50 lawmakers, religious groups, and legal scholars have filed briefs supporting St. Isidore. Organizations like the Alliance Defending Freedom argue that banning religious charter schools would amount to discrimination and violate the Constitution’s free exercise protections.

But there are complications. Justice Amy Coney Barrett has recused herself from the case, likely because of connections to Notre Dame and the parties involved. That raises the possibility of a 4-4 tie at the Supreme Court — which would leave the Oklahoma Supreme Court’s ruling against the Catholic school in place.

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