Christian law firm that helped overturn Roe v Wade to represent Oklahoma religious charter school
A national Christian law firm has been hired to represent Oklahoma officials as the state advances toward opening the country's first religious charter school.
The Oklahoma Statewide Virtual Charter School Board voted 3-1 on Monday to hire Alliance Defending Freedom, an Arizona-based firm known for its advocacy for religious liberty and public funding of religious schools.
The firm was involved in the Mississippi case that ultimately overturned Roe v. Wade. The Southern Poverty Law Center listed Alliance Defending Freedom as a hate group for its advocacy against LGBTQ+ rights, a label the law firm said is false.
"While ADF takes legal and policy positions that are informed by a biblically-based understanding of marriage, human sexuality, and the sanctity of life, we respect the human dignity of those with whom we disagree and win legal cases that also protect their freedom to express and advocate for their beliefs," the group wrote in response to the SPLC.
More: How much would a Catholic charter school cost Oklahoma taxpayers? It could be millions
What to know about St. Isidore, first approved religious charter school in nation
The law firm will represent members of the Oklahoma board as they proceed toward establishing St. Isidore of Seville Catholic Virtual School. The board voted last month to approve an application to create the online-based school, but a process is still ahead to draw up a charter contract to encode its rules and operations.
Once the contract is in place, St. Isidore of Seville would be the first taxpayer-funded charter school in the nation to promote a particular faith. The Archdiocese of Oklahoma City and the Diocese of Tulsa have been unequivocal that the school would seek to advance the Catholic faith and operate according to church doctrine.
The matter is almost certainly going to land in court, and Alliance Defending Freedom will represent the board in litigation. The firm did not return a request for comment from The Oklahoman.
Board member Scott Strawn called the group the "gold standard." The law firm represented Southern Nazarene University, where Strawn is vice president for business and finance, in a 2013 case challenging a requirement under the Affordable Care Act that the university include contraceptives in its employee and student health insurance coverage.
"I feel very comfortable with them if they're willing to take on (the virtual charter school board)," Strawn said during the meeting.
More on St. Isidore: Public or private? Charter law question at the center of Oklahoma Catholic school debate
The board voted unanimously to hire Daniel Carsey, from the Oklahoma law firm Hall Estill, to act as its general counsel on the Catholic virtual school and to help develop the school's charter contract.
Seven other law firms, both local and national, expressed interest in representing the board. Board Chairperson Robert Franklin suggested creating a committee to narrow down the list of options. Strawn and two other board members, Brian Bobek and Nellie Tayloe Sanders, overruled him and chose to select attorneys Monday rather than delay the decision further.
Proposals to the board from Hall Estill and Alliance Defending Freedom did not include a schedule of fees their attorneys would charge, Franklin said. Records kept on file at the Attorney General's Office show Carsey and Cheryl Plaxico, the attorney hired from Alliance Defending Freedom, charge up to $350 an hour for legal services to Oklahoma state agencies.
The board chairperson voted in favor of retaining Carsey but was the lone dissenter to hiring Alliance Defending Freedom.
"Certainly on the national piece, I'm not really sure we made the best decision there," Franklin said after the meeting. "I don't know that firm. I haven't done my diligence and research on that firm, and quite frankly, when you read their esteemed accomplishments and the like, I'm not looking for an advocate. I'm looking for someone to help represent the board."
Changes between the Oklahoma Statewide Virtual Charter School Board and Oklahoma attorney general's office
Along with bringing new attorneys into the fold, Monday's action ended the relationship between the board and the Oklahoma attorney general's office on St. Isidore-related matters, Franklin said. The AG's office will continue to provide legal services to the board on all other issues and procedures.
The board members were aware approving the Catholic virtual school could cost them representation from the AG and put them at risk of personal legal liability.
Attorney General Gentner Drummond publicly opposed the creation of a religious charter school, calling it a "slippery slope." He withdrew an opinion from his predecessor that called for faith-based schools to be included in charter school funding.
“The approval of any publicly funded religious school is contrary to Oklahoma law and not in the best interest of taxpayers,” Drummond said after the board approved St. Isidore of Seville. “It’s extremely disappointing that board members violated their oath in order to fund religious schools with our tax dollars. In doing so, these members have exposed themselves and the State to potential legal action that could be costly.”
Editor's note: This story has been updated to include information from the Statewide Virtual Charter School Board's chairperson, Robert Franklin, regarding the lack of legal fee information shared in the law firms' proposals and records from the Attorney General's Office showing hourly costs for the two lawyers the board hired.
Reporter Nuria Martinez-Keel covers K-12 and higher education throughout the state of Oklahoma. Have a story idea for Nuria? She can be reached at nmartinez-keel@oklahoman.com or on Twitter at @NuriaMKeel. Support Nuria’s work and that of other Oklahoman journalists by purchasing a digital subscription today at subscribe.oklahoman.com.
This article originally appeared on Oklahoman: Alliance Defending Freedom to represent Oklahoma Catholic charter school
