WASHINGTON, D.C. — This week, American Atheists filed amicus briefs in two key cases before the U.S. Supreme Court urging the Court to uphold longstanding precedent to protect secular public schools in the United States.
In Oklahoma Statewide Charter School Board v. Drummond, the Court will decide whether Oklahoma will be permitted to fund a so-called “charter school” run by, and managed in accordance with the teachings of, the Catholic Church. The school planned to incorporate Catholic teachings into its curriculum while operating as a public charter school. Oklahoma Attorney General Gentner Drummond filed a lawsuit challenging this decision, arguing that it violated both the U.S. Constitution and the Oklahoma Constitution, which prohibit the use of public funds for religious purposes.
In 2024, the Oklahoma Supreme Court ruled in favor of A.G. Drummond, stating that charter schools are public institutions and must remain nonsectarian. The court concluded that establishing a religious charter school funded by taxpayers would violate the state and federal Constitutions’ Establishment Clauses. The school and the statewide charter school board appealed to the Supreme Court.
American Atheists’ brief, which was joined by the American Humanist Association, Secular Student Alliance, Secular Coalition for America, and the Center for Inquiry, urges the Supreme Court to apply its “history and tradition” test consistent with how the test has been applied to other issues, recognize that publicly funding religious schools in the United States is antithetical to our nation’s history and traditions, and affirm the Oklahoma Supreme Court’s decision.
In Mahmoud v. Taylor, the Court will decide if it is a violation of parents’ rights for public schools to not provide an opportunity for them to opt their children out of lessons that they may have a religious objection to because it would prevent them from directing their children’s education in alignment with their religious convictions. The parents also argue that the state failing to subsidize private religious education for their children is a violation of their rights.
American Atheists’ brief in this case was joined by the Secular Student Alliance and Secular Coalition for America. The brief argues that requiring schools and teachers to pre-clear every lesson with every parent for every possible religious objection would be unworkable and would throw our nation’s schools into chaos.
“These two cases are part of a decades-long campaign by white Christian nationalists to destroy our nation’s secular public schools,” said Geoffrey T. Blackwell, legal director for American Atheists and author of the briefs. “These people reject the fundamental promise of our public education system that schools should be free from discrimination, free from indoctrination, and free for all families.”
“They want veto power over lessons they disagree with. Lessons like ‘LGBTQ+ people exist and are worthy of respect’ or ‘the world is billions of years old’ or ‘evolution happens.’ It’s absurd and antithetical to decades of precedent, common sense, and American values,” added Blackwell.
American Atheists’ brief in Oklahoma Statewide Charter School Board v. Drummond is available here. Oral arguments will be held on April 30, 2025.
American Atheists’ brief in Mahmoud v. Taylor is available here. Oral arguments will be held on April 22, 2025.
