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No. 24-394October Term 2024Decided May 22, 2025

Docket 24-394October Term 2024 (2024–2025)

Oklahoma Statewide Charter School Board, et al., Petitioners v. Gentner Drummond, Attorney General of Oklahoma, ex rel. Oklahoma

This case involves a dispute over whether a state can authorize a religious charter school, specifically focusing on whether the school's actions count as state action and if excluding religious schools from charter programs violates the First Amendment.

Case status

Current stage
Decided
Latest event
Decision released May 22, 2025
Case AcceptedJan 24, 2025
Arguments HeardApr 30, 2025
Decision ReleasedMay 22, 2025
What it's about

This case involves a dispute over whether a state can authorize a religious charter school, specifically focusing on whether the school's actions count as state action and if excluding religious schools from charter programs violates the First Amendment. The Supreme Court affirmed the lower court's decision by an equally divided vote, leaving in place the ruling that invalidated the contract with the Catholic virtual charter school.

Question presented

1. Are a privately owned and operated school’s educational decisions considered state action simply because the school has a contract with the state to provide free education to students? 2. Does the First Amendment’s Free Exercise Clause prohibit, or the Establishment Clause require, a state to exclude religious schools from its charter-school program?

Case path

Supreme Court of Oklahoma / Decision released May 22, 2025

Area

First Amendment, Business and Regulation