Palmetto State News

South Carolina Attorney General Alan Wilson has submitted a "friend of the court" brief to the U.S. Supreme Court, advocating for religious liberty and school choice. This initiative is supported by attorneys general from seven other states.

The case in question involves an Oklahoma Catholic virtual school that was granted a charter school contract by the state's Charter School Board. The State of Oklahoma subsequently filed a lawsuit, claiming that charter schools are public entities and that granting such a contract to a religious institution violates the Constitution's Establishment Clause. The Oklahoma Supreme Court sided with this view, instructing the Charter School Board to cancel its contract. Due to differing interpretations across federal courts on this matter, both the Charter School Board and the Catholic virtual charter school have sought clarity from the U.S. Supreme Court.

"The U.S. Supreme Court has ruled before that states can contract with private organizations to provide education without the schools becoming state actors and violating the Establish Clause," stated Attorney General Wilson. "The Supreme Court has also said that the government cannot require religious groups to abandon their religion in order to be eligible for government contracts. Religious liberty is far too precious to be trampled upon."

This case is notable as it involves state attorneys general challenging another state's legal stance, highlighting its potential nationwide implications concerning constitutional rights.

In their brief, the attorneys general contend, "The Oklahoma Supreme Court turned the Establishment Clause on its head. Rather than raise the Establishment Clause to shield religious observers from a state’s religious mandate, the Oklahoma Supreme Court weaponized it to single out and exclude religious observers from eligibility for a public benefit. And the religious observers’ Free Exercise rights were casualties of that exercise."

They are urging the U.S. Supreme Court to accept the Catholic virtual charter school's petition in order to reinforce protections for religious institutions.

Joining Attorney General Wilson in this legal effort are his counterparts from Alabama, Arkansas, Louisiana, Montana, Nebraska, Texas, and Utah.