Golden State Today

California Attorney General Rob Bonta, alongside 18 other state attorneys general, has filed an amicus brief urging the U.S. Supreme Court to reject an initiative for a publicly funded religious charter school. The brief supports the Oklahoma Attorney General and requests that the Supreme Court uphold the Oklahoma Supreme Court's decision, affirming that the establishment of the school violates both federal and state constitutions.

Bonta stated, “Charter schools are taxpayer-funded public schools, not private contractors or religious institutions, and must still abide by constitutional rules. This means charter schools must be open to all students, charge no tuition, and stay free of religious instruction. I urge the U.S. Supreme Court to uphold the Oklahoma Supreme Court's decision — the structure and government of public schools should remain with the states, not the federal courts.”

Charter schools, which are publicly funded yet operate independently, were at the center of this legal debate due to the case involving St. Isidore of Seville Catholic Virtual School. This institution was approved by Oklahoma’s Statewide Charter School Board to operate as a public charter school with a religious mission. The ruling against this decision by the Oklahoma Supreme Court, based on the Establishment Clause of the First Amendment, forms the crux of the attorneys generals' argument to maintain secularism in public education.

The brief conveys the position that states should have the authority to structure and govern public schools, emphasizing that charter schools must not engage in religious activities. Allowing religious charter schools would potentially override state laws that ensure these schools remain non-religious and could destabilize the established funding and operational structure.

Joining Bonta in this legal effort are the attorneys general from Colorado, Arizona, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Washington, and the District of Columbia.

A copy of the brief is available for public viewing.