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The U.S. Supreme Court will hear oral arguments later this month over what would be the first religious public charter school in the United States, in a case that finds Republican Oklahoma Attorney General Gentner Drummond at odds with his own party.
While Drummond argues a "state-sponsored and taxpayer-funded religious public charter school" is unconstitutional, conservatives have rallied in support of St. Isidore of Seville Catholic Virtual School.
"It’s no secret that parents want to educate their children in line with their values. And a public good shouldn’t be denied to anyone based on their religion. The outcome of this case will be revolutionary for religious liberty and education freedom, and Oklahoma is at the forefront," a spokesperson for Gov. Kevin Stitt, R-Okla., told Fox News Digital in a statement.
As Stitt champions Oklahoma's leadership in creating the first religious public charter school, Drummond has been steadfast in rejecting taxpayer funding for St. Isidore, arguing for the separation of church and state as outlined in the First Amendment.
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Gov. Kevin Stitt, left, and Oklahoma Attorney General Gentner Drummond disagree on whether the First Amendment allows the Oklahoma Statewide Charter School Board to grant a Catholic school public funding. (Getty/AP)
Last month, Stitt joined over 50 elected officials in affirming his support for the Oklahoma Statewide Charter School Board and St. Isidore, two cases that have been consolidated by the U.S. Supreme Court for review.
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Sens. James Lankford, R-Okla., Josh Hawley, R-Mo., Kevin Cramer, R-N.D., Ted Budd, R-N.C., and Ted Cruz, R-Texas, filed an amicus brief to the U.S. Supreme Court. In the brief, the Republican senators flipped Drummond's First Amendment argument on the attorney general, arguing Oklahoma violated the First Amendment by denying St. Isidore a charter because it's a religious school.
"Upholding the Oklahoma Charter Schools Act with the included exclusion of religious organizations would set a dangerous precedent, signaling that religious organizations are not welcome in public projects. This would not only violate the First Amendment, but it would also deprive society of the valuable contributions that these organizations make," the Republican senators wrote.
Sen. Ted Cruz joined fellow Republican senators in arguing Oklahoma violated the First Amendment by denying St. Isidore a charter because it's a religious school. (LM Otero/AP)
When asked by Fox News Digital why Drummond, who is campaigning to be the next governor of deep-red Oklahoma, is at odds with conservatives on the issue, Drummond's communications director, Phil Bacharach, told Fox News Digital, in part: "AG Drummond doesn’t make decisions based on what other politicians think."
"Attorney General Drummond isn’t guided by political pressure – he’s guided by the law," Drummond's gubernatorial campaign manager, Stephanie Alexander, added in a statement to Fox News Digital. "His constitutional duty is to defend Oklahoma statutes, and state law is clear: public funds cannot be used for religious indoctrination. As the state’s top legal officer, he’s fulfilling his obligation, and will ultimately abide by whatever decision the U.S. Supreme Court makes."
The U.S. Supreme Court building in Washington. (AP Photo)
The debate began in June 2023, when the Oklahoma Statewide Virtual Charter School Board approved St. Isidore's contract request, which would have allowed public funding for the religious charter school for the first time. Drummond filed a lawsuit against the Statewide Virtual Charter School Board that October, and his position was later affirmed by the Oklahoma Supreme Court.
Stitt and Drummond have once again found themselves feuding over this landmark case, as the two continue a long-standing clash over policy and politics in Oklahoma, including debates over constitutional authority and local policy initiatives.
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Stitt, who serves as vice chair of the National Governors Association (NGA), is term-limited as Oklahoma governor in 2026. Earlier this year, Drummond announced his campaign for governor, running a conservative platform touting his leadership as attorney general against the "Biden Administration’s radical overreach" and promising to stand "strong with President Trump."
Deirdre Heavey is a politics writer for Fox News Digital.
