A lawsuit filed Monday in Oklahoma is seeking to block the state's support for the nation's first publicly funded religious charter school.
The lawsuit, filed by the Oklahoma Parent Legislative Action Committee, is asking a judge to stop the sponsorship, funding and opening of the St. Isidore of Seville Virtual Catholic Charter School.
It comes after the Oklahoma Statewide Virtual Charter School Board in June voted 3-2 to approve the application of the school, an online public school that would be administered by the Archdiocese of Oklahoma City and the Diocese of Tulsa.
Oklahoma Republican Gov. Kevin Stitt applauded the board's decision at the time, calling it "a win for religious liberty and education freedom in our great state."
But Oklahoma Attorney General Gentner Drummond and other opponents said the decision was unconstitutional and warned that legal action would likely follow.
"The defining feature of America's public schools is that they must welcome and serve all students, regardless of a student's background, beliefs, or abilities," the lawsuit states. "Schools that do not adhere to this principle have long existed and are entitled to operate, but they cannot be part of the public-education system. Permitting otherwise would upend the legal framework Oklahoma has constructed to govern public schools and protect students."
St. Isidore would not be open to all students, in violation of the Oklahoma Constitution, the Oklahoma Charter Schools Act and the Oklahoma Statewide Virtual Charter School Board regulations, the lawsuit claims.
It further alleges that St. Isidore "refused to agree to comply with all legal requirements applicable to Oklahoma charter schools, including prohibitions against discrimination."
"In violation of the Oklahoma Constitution and the Charter Schools Act, St. Isidore in fact will discriminate in admissions, discipline, and employment based on religion, sexual orientation, gender identity, and other protected characteristics," the lawsuit states.
CNN has reached out to the Oklahoma Board of Education, the Oklahoma Virtual Charter School Board and St. Isidore of Seville Virtual Charter School for comment on the lawsuit.
In June, the Archdiocese of Oklahoma City said it was "elated" the Virtual Charter School Board approved its application. "Parents continue to demand more options for their kids, and we are committed to help provide them," spokesperson Avery Holt told CNN in a statement.
Brett Farley, executive director of the Catholic Conference of Oklahoma, which handles all government affairs and policy-related issues for the two Catholic dioceses in the state, said supporters of the school were ready to take on any coming legal battles.
"Public dollars currently go to all kinds of religious institutions, whether they're education institutions in the form of tax credits, or vouchers, or something like that, but also hospitals and all kinds of religiously sponsored public benefit institutions," he said at the time.
If opened, the proposed school would join a list of two dozen charter schools in the state, according to the state's Department of Education.
