PHOENIX — Arizona Attorney General Kris Mayes has joined a coalition of 17 attorneys general in filing an amicus brief urging the U.S. Supreme Court to reject the creation of the first taxpayer-funded religious charter school in the country.
The case in question, Oklahoma Statewide Charter School Board v. Drummond, centers on St. Isidore of Seville Catholic Virtual School. Approved by the Oklahoma Statewide Charter School Board in 2023, the school was intended to operate with a religious mission as a public charter school. In 2024, the Oklahoma Supreme Court struck down the decision, ruling it unconstitutional. The case has now reached the nation’s highest court.
Attorney General Mayes emphasized that charter schools are public institutions, not private ones, and said that approving religious charter schools would put states in an impossible legal position — either violate the Constitution or dismantle public charter school systems.
The brief argues that all public schools, including charter schools, must remain secular under the First Amendment. It reinforces that charter schools are part of the public education system — they serve all students, are tuition-free, and must operate without religious instruction.
The coalition’s brief also warns that permitting religious charter schools would override existing state laws and force states to fund religious education or risk shutting down their charter school programs entirely. It asserts that the responsibility for governing public education should rest with the states, not be dictated by federal courts.
Additionally, the brief highlights potential fallout from altering the legal classification of charter schools. If the Supreme Court redefines them as private entities, it could jeopardize public education funding and disrupt how charter schools operate nationwide.
In joining the brief, Arizona stands with attorneys general from California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Washington.
