Oklahoma Supreme Court rejects Ryan Walters' involvement in religious charter school case for third time

For a third time, the Oklahoma Supreme Court has turned down a request from state schools Superintendent Ryan Walters to insert himself into a lawsuit that seeks to stop the creation of what would be the nation's first public religious charter school.

Oral arguments in the lawsuit filed by state Attorney General Gentner Drummond against the Oklahoma Statewide Virtual Charter School Board are set for April 2. Each side in the case is being given 30 minutes to speak before the Supreme Court. In a court filing on March 8, the attorneys for Walters, the Oklahoma State Department of Education and state Board of Education — both of which he leads — asked that they be given 10 minutes to speak alongside those attorneys representing the board, “to ensure that the interests of the State are adequately advocated.”

On Friday, the court turned down that request, citing the opposition of both Drummond and the virtual-school board and noting “(t)he Department failed to show extraordinary cause to participate in oral argument in this case.”

Walters criticized the court's ruling.

"With Oklahomans' religious liberty and educational choices at stake, the people deserve to hear as robust a debate as possible," Walters said. "I am disappointed in this decision by the Oklahoma Supreme Court. In the end, I trust the Court will preserve the religious liberties of all Oklahomans, as enshrined in the Constitution."

Drummond sued the Statewide Virtual Charter School Board on Oct. 20 after the board, by a 3-2 vote, approved the creation of what would be known as St. Isidore of Seville Catholic Charter School. Drummond has warned that approval of the Catholic charter school might eventually force Oklahoma to fund schools teaching Sharia law.

Walters filed his initial motion to intervene in the case on Nov. 7. On Nov. 14, the state Supreme Court denied that motion without offering a reason. Two days later, Bryan Cleveland – then the general counsel for the Education Department — filed a motion for the Supreme Court to reconsider that decision. Cleveland said doing so and allowing Walters to intervene “would pragmatically settle the questions surrounding St. Isidore and its sponsorship and funding.”

During its Nov. 30 meeting, the Oklahoma State Board of Education approved Walters' request to retain lawyers from groups headquartered outside Oklahoma — the Plano, Texas-based First Liberty Institute and the Overland Park, Kansas-based Spencer Fane LLP — for the attempt to reverse the Supreme Court’s rulings. Both sets of attorneys for Walters are working pro bono on the case.

But on Dec. 18, by a 6-2 vote, the court denied the motion to reconsider.

What was the court's latest ruling against Walters, state Education Department?

Saying the court had granted them “amici” — essentially, friend-of-the-court status — Walters, the Education Department and the state Board of Education said in a filing earlier this month they should be allowed to speak during oral arguments. Among the attorneys with their names on that court filing was Erin Smith, who’s an assistant general counsel with the Education Department, although her name is not listed on the agency’s website. Cleveland, who has resigned as the agency’s general counsel, still is listed on its website.

Drummond, who has steadfastly opposed Walters’ involvement in the case, disputed that assertion in another filing. He noted the state Board of Education had not filed a brief supporting the virtual-school board or St. Isidore and said, “As a result, (the education board) clearly has no grounds to participate further in this matter.”

Later in his brief, Drummond said Walters, the agency and the state board “continue to presumptively act as parties to this action” but haven’t identified “what, if any, adverse impact the outcome of this litigation will have on them.”

Attorneys for both the virtual-school board and St. Isidore also protested the request by Walters, the agency and the state board. The virtual-school board’s attorneys, in a brief, said cutting 10 minutes out of their allotted time during oral arguments “would materially limit and adversely affect” their presentations “and would not materially advance the Court’s consideration of the issues in this case.” St. Isidore’s attorneys advanced similar arguments.

This article originally appeared on Oklahoman: Oklahoma Supreme Court rules against Ryan Walters in St. Isidore case