The News: The Wisconsin Institute for Law & Liberty (WILL) filed an Amicus Brief in the US Supreme Court to challenge provisions in the Oklahoma State Constitution that we believe derive from anti-Catholic bigotry and violate the First Amendment principles of religious liberty.
The Quotes: WILL Associate Counsel, Skylar Croy, commented, “Our nation was founded with the belief that nobody should be discriminated against for practicing their religious beliefs. The Supreme Court can guarantee religious liberty, once again, by deeming these provisions incompatible with the First Amendment.”
Additional Background: St. Isidore of Seville Virtual Charter School, a Catholic entity, applied with Oklahoma’s Statewide Charter Virtual School Board for official state sponsorship. However, a law stemming from the Oklahoma Constitution purports that the school is ineligible for sponsorship due to its “sectarian” identity.
This law was originally designed to suppress Catholicism in a nation that often unofficially endorsed Protestantism in its schools. As an act of this persecution, we saw an emergence of “Blaine Amendments” that aimed to prohibit the state’s support of Catholic schools. This amendment was originally proposed federally, but following its narrow failure in the Senate, it began to emerge within the states.
Oklahoma was one of the many states to implement these anti-Catholic laws. However, over time and amid legal challenges, these Blaine Amendments have been construed narrowly to avoid conflict with the First Amendment. The Oklahoma Supreme Court disregarded the history of the state’s Blaine Amendment and hurt a Catholic entity in the process.
Read More:
- Amicus Brief, November 2024
