An Oklahoma judge this week said a lawsuit challenging the nation’s first religious charter school can proceed, a victory for opponents wishing to halt public funding of the Catholic institution.
Oklahoma County District Judge Richard Ogden will allow the lawsuit against the Oklahoma Statewide Virtual Charter School Board to move forward almost in its entirety, Americans United for Separation of Church and State (AU) said in a press release.
In October 2023, the state board approved the charter contract for St. Isidore of Seville Catholic Virtual School, putting the school on the path to becoming the first religiously affiliated charter school in the United States.
A charter school is a privately managed institution that receives public funding like standard public schools. The plaintiffs in the Oklahoma lawsuit — who are being represented by AU, the American Civil Liberties Union, and the Freedom From Religion Foundation — contend that the state’s funding of a religious school violates both Oklahoma statutory and constitutional law.
In the ruling this week, the judge allowed nearly all of the plaintiff’s claims against the school to proceed, tossing out only one claim against the school alleging that it had failed to pledge to follow nondiscrimination rules.
Ogden’s decision was “not making any type of ruling regarding substantive arguments” in the case, the judge said in issuing the order.
The next hearing for the case is scheduled for July 24. The suit is ultimately aimed at “preventing St. Isidore from receiving state funds or operating as a public charter school,” AU said in its release.
The Oklahoma Supreme Court earlier this year heard a separate case against the school, this one filed by Oklahoma Republican Attorney General Gentner Drummond, who also opposes granting the school access to taxpayer dollars.
Drummond argued in his suit that funding the school with public money would result in “harm to religious liberty,” one that would set a precedent that could require the state to fund a “public charter school teaching Sharia Law.”
The Catholic school did not immediately respond to a request for comment on the ruling on Thursday.
The prelates currently leading Oklahoma’s two dioceses — Oklahoma City Archbishop Paul Coakley and Tulsa Bishop David Konderla — serve as the school’s two corporate members.
The school advertises itself as a “full time, K–12, tuition-free, online Catholic charter school in the state of Oklahoma.” Its first day of school is scheduled for Aug. 12.
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Catholic Land Movement co-founders Andrew Ewell (top left) and Michael Guidice (top right), pictured here on the steps of St. Peter’s Basilica. / Credit: Photo courtesy of Andrew Ewell
Ann Arbor, Michigan, Dec 30, 2024 / 06:00 am (CNA).
Going b… […]
Paula Scanlan, a women’s sports activist and former teammate of trans-identifying athlete Lia Thomas on the University of Pennsylvania women’s swim team, speaks to a crowd about her story. Originally only speaking out anonymously, Scanlan has since gone public about the emotional impact of having to share a locker room with a biological male had on her as a sexual assault survivor. / Credit: Photo courtesy of Independent Women’s Forum
Washington, D.C. Newsroom, Aug 19, 2024 / 12:00 pm (CNA).
The Biden administration’s expansion of Title IX regulations to offer protection of transgender individuals in women’s sports, educational programs, and school bathrooms has been blocked in half of the states in the country.
The new rule is currently blocked in 26 states as a coalition of states and conservative groups are fighting the rule in court.
Yet, for many of the country’s most populous states — such as California, New York, Illinois, and Pennsylvania — the rule took effect on Aug. 1. This means that the measure is impacting Americans in many of the country’s largest population centers.
Christiana Kiefer, senior counsel at one of these groups, the Alliance Defending Freedom, told CNA that “the Biden-Harris administration’s radical attempt to redefine sex in Title IX turns back the clock on women’s opportunities, erodes student privacy, and threatens women’s sports.”
“Policies that deny biological truth create real victims — particularly impacting the dignity and safety of women and girls,” Kiefer said. “We are hopeful that the courts will ultimately rule to protect privacy and safety, free speech, and fairness in sports.”
What is the new rule?
In April, the Biden Department of Education redefined the prohibition on sex discrimination in education, enshrined in the 1972 Title IX provisions, to include discrimination based on a person’s “gender identity.”
The new guidelines prohibit any policy and practice that “prevents a person from participating in an education program or activity consistent with their gender identity.” Schools that do not comply risk having their federal funding cut off.
According to May Mailman, director of the Independent Women’s Law Center (IWLC), the rule means that any male can now assert that he has been discriminated against based on gender identity and claim a right to use a women’s space.
As IWLC director, Mailman said she has seen the personal impact that forcing schools to allow biological men into women’s sports and private spaces has had on young women. Ultimately, she believes the new rule amounts to “the elimination of women’s spaces.”
“You have Paula Scanlan, who’s an IWF [Independent Women’s Forum] ambassador, she was forced to undress before a fully intact male 18 times a week. And she suffered through it, but how many women would do it? Certainly not all. So, women are going to remove themselves from circumstances that require them to be naked or to do really private activities like urinating in front of males,” Mailman explained.
Scanlan is a women’s sports activist and former teammate of trans-identifying athlete Lia Thomas on the University of Pennsylvania women’s swim team. Originally only speaking out anonymously, Scanlan has since gone public about the emotional impact of having to share a locker room with a biological male had on her as a sexual assault survivor.
“That is the opposite of what Title IX was created to do, which is to give women opportunities. So, what you’re going to see is Title IX actually being flipped on its head. Women are going to remove themselves from educational programs like sports because it requires such indecency.”
Where is the rule in effect?
A slate of Republican-led states has challenged the rule in court, many arguing that it violates their state laws. As a result, the Biden administration’s changes are currently blocked in 26 states.
The Independent Women’s Forum has published an interactive map showing which states have successfully blocked the rule and in which states it is currently active. The map also shows which states have pending litigation on the rule. Credit: Image courtesy of Independent Women’s Forum.
The Biden Title IX changes are currently blocked in most of the South and Midwest, including Texas, Florida, and Ohio. Because of a Kansas lawsuit that was joined by several other states and conservative organizations, the rule has been blocked in over 3,800 individual schools across the country.
However, the blocks in these states are only considered “preliminary injunctions,” meaning they are temporary, pending further review in the courts. Because of this, the rule could eventually take effect in any of the 26 states where it is currently blocked.
The Biden administration’s Title IX change has already taken effect in 24 states, primarily in Western and Northeastern coastal states, as well as the Great Lakes region.
“It seems like half the country, but it’s actually more than half the country because if you think about population, this is California, this is New York, so for a huge portion of the population, they are now under the Biden regime, where male and female spaces are no longer protected in education programs,” Mailman said.
“In those schools, the Biden administration can absolutely go after a school if it does not police pronouns, if it has male and female locker rooms, if it has male and female bathrooms, if it has male and female scholarships … it affects all education programs that accept federal money.”
What’s next?
On Friday the U.S. Supreme Court unanimously denied the Biden administration’s request to partially enforce the new rule in several states where it has been blocked. Mailman explained in a video posted to social media that while the decision does not change much right now it does signal the Supreme Court may agree that Biden’s changes to Title IX are unconstitutional.
Ultimately, Mailman believes the fate of this rule depends in large part on the presidential election. If elected to the White House, Mailman said that a Kamala Harris administration is “absolutely going to take it further.”
“Judges are something that the president has a huge say in because they nominate them. You can’t be a judge if you don’t have the president,” she said. “So, the types of judges that Kamala Harris is going to put on the courts are the types of judges who are going to say that absolutely, Title IX is some gender identity law, even though it’s not.”
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