An Oklahoma County judge on Wednesday allowed to stand most of a lawsuit filed by taxpayers opposing state funding for what would be the nation’s first religious public charter school and set a date for a hearing to consider a motion for a temporary restraining order.

Near the end of a 3 1/2-hour hearing, District Judge Richard Ogden said he would allow three of four claims made by the plaintiffs to move forward and gave them 20 days to file an amended petition for the fourth claim, if they so choose.

The defendants in the case – the Statewide Virtual Charter School Board, St. Isidore of Seville Catholic Virtual Charter School, the Oklahoma State Department of Education, the Oklahoma state Board of Education and state schools Superintendent Ryan Walters – had asked Ogden to dismiss the case outright.

In addition to his ruling, Ogden said he’ll hear a motion by the plaintiffs for a restraining order to prevent state money from flowing to St. Isidore, starting July 24. That motion was filed on May 31.

Ogden emphasized he was not ruling on “substantive arguments” and acknowledged intense public interest in the case, which drew 15 attorneys to his courtroom for the hearing – 11 for the defense, four for the plaintiffs.

“I know the import of this case to so many people, broadly,” Ogden said.

Another lawsuit involving St. Isidore, brought by Oklahoma Attorney General Gentner Drummond, is being considered by the state Supreme Court. Attorneys for St. Isidore have said a ruling in that case might render the Oklahoma County case moot, although the plaintiffs’ attorneys said the lawsuits address slightly different issues. Oral arguments in that case were held April 2.

The cases are being eyed closely due to their religious overtones and potential for a precedent-setting ruling.

According to the St. Isidore website, faculty are to report on Aug. 1 and the first day of school is set for Aug. 12. For the 2024-25 school year, the school’s capacity is listed at 500 students. The school says the state Education Department has accredited it, and that its teachers hope to give children “the opportunity to experience an excellent education rich in the Catholic intellectual tradition.”

Lawsuits quickly followed board’s approval of the Catholic charter school

The Oklahoma Statewide Virtual Charter School Board drew national attention when it voted 3-2 in June 2023 to approve the school’s creation.

The Oklahoma Parent Legislative Action Committee, a non-partisan public school advocacy group, joined nine other parents, faith leaders and public education advocates in filing its lawsuit in July. They contend a Catholic charter school would contradict state law and asked a district judge to block St. Isidore from opening and receiving state funds.

The plaintiffs are represented by local attorneys and national groups, which include the American Civil Liberties Union, the Freedom from Religion Foundation and Americans United for Separation of Church and State (AU).

They cited four claims on which a ruling in their favor could be made. The one Ogden dismissed Wednesday concerned St. Isidore’s application to become a public charter school. The plaintiffs claimed St. Isidore failed to certify intent to comply with Oklahoma law in its application.

He allowed to proceed claims concerning alleged violations of constitutional law and the Oklahoma Charter Schools Act concerning discrimination in student admissions, student discipline and employment based upon religion, sexual orientation and gender identity, as well as St. Isidore’s regulations concerning the education of children with disabilities.

Ogden also allowed to proceed a claim that St. Isidore is violating the Charter Schools Act by not requiring its board members to be independent from the school’s educational management organizations.

Attorneys for both sides remained positive about their cases after court ruling

Alex Luchenitser, the associate vice president and associate legal director for AU, is serving as an attorney for the plaintiffs. He said after the hearing that having one of the four claims shot down should not greatly affect the case.

“The court only dismissed a very small part of our case,” he said. “We feel good about how it went. Public funds should not go to support religious schools. … It would be un-American and fundamentally change and harm our public education system.”

At the center of the case is the question of whether charter schools are public or private. Charter schools, as defined on the Oklahoma State Department of Education website, are “public schools that are allowed greater flexibility for greater accountability.”

Attorneys for the defense argue, however, that St. Isidore is a private entity and that nothing in Oklahoma law prevents a private entity from operating a charter school. They also argue that as a private entity, they are entitled to the right to the free exercise of religion while doing so.

“Free exercise is at the heart of this case,” M. Scott Proctor, a Washington, D.C.-based attorney representing St. Isidore, told Ogden. Proctor said it would be “unconstitutional” to make St. Isidore “abandon its religious principles to accept a state contract.”

Despite not succeeding in its initial effort to dismiss the case, attorneys for the defendants remained upbeat. Alliance Defending Freedom Senior Counsel Phil Sechler, who represents the Statewide Virtual School Charter Board, was pleased Ogden ruled against one of the four claims brought in the lawsuit.

“We’re looking forward to an opportunity to show that the rest of the claims … don’t have merit,” Sechler said. “The Oklahoma Supreme Court’s decision will have a big impact on (those claims).”

Sechler said he expects the state Supreme Court’s ruling “fairly imminently.”

Hiram Sasser, executive general counsel for First Liberty Institute – who’s representing the state Education Department, state Board of Education and Walters, an unabashed supporter of St. Isidore – echoed similar sentiments.

“This case is proceeding appropriately,” Sasser said. “The court took a lot of energy and time to review this case and review the claims. Obviously, the court has dismissed one of the claims. … We’re working toward bringing this case to a close, so that everyone can move on and we’re going to be able to comply with the federal Constitution and the state Constitution, which does not allow for any kind of religious discrimination.”

This article originally appeared on Oklahoman: Oklahoma County judge allows most of St. Isidore lawsuit to proceed