Ongoing Lawsuits

FFRF Assists With Religious Public Charter School Lawsuit In Oklahoma

Oklahoma Statewide Virtual Charter School Board

The Freedom From Religion Foundation and a coalition of groups and plaintiffs filed a lawsuit on July 31st, 2023 challenging the nation’s first religious public charter school, St. Isidore of Seville Catholic Virtual School. The coalition represents nine Oklahoma residents and a nonprofit organization that is committed to protecting Oklahoma’s public school system. 

The lawsuit asserts that the Oklahoma Statewide Virtual Charter School Board violated the Oklahoma Constitution, the Oklahoma Charter Schools Act and the board’s own regulations when it approved St. Isidore’s application for charter-school sponsorship. It is asking the court to, one, block St. Isidore from operating as a charter school. Two, block the board from entering into or implementing any contracts with St. Isidore. Three, block the state from funding St. Isidore.

The substantive claims brought in this case were resolved when the U.S. Supreme Court affirmed the Oklahoma Supreme Court’s June 2024 decision in the factually similar lawsuit Drummond v. Oklahoma Statewide Virtual Charter School Board. It ruled that it would be an unconstitutional violation of church/state separation for St. Isidore to operate as a religious public charter school. As a result of this favorable decision, this case was voluntarily dismissed in July 2025.

Plaintiffs are represented by Americans United for Separation of Church and State, the American Civil Liberties Union (ACLU) and the Education Law Center, with Odom & Sparks PLLC and J. Douglas Mann serving as local counsel in Oklahoma. This case is in the District Court of Oklahoma County.

FFRF and Coalition Sue to Remove Arkansas Ten Commandments Monument

Arkansas 10 CommandmentsThe Freedom From Religion Foundation and a coalition of plaintiffs filed a lawsuit on May 23, 2018, against Arkansas Secretary of State Mark Martin seeking the removal of a massive Ten Commandments structure from the grounds of the Arkansas State Capitol.

FFRF and its co-plaintiffs assert that this installation is in clear violation of constitutional precepts. The plaintiffs include FFRF, the American Humanist Association, the Arkansas Society of Freethinkers, as well as seven individual plaintiffs who are religious and nonreligious citizens of Arkansas.

“The state of Arkansas has erected an enormous religious monolith on government property in blatant disregard for the First Amendment to the United States Constitution,” the suit states. “The new monolith — a 6-and-one-third-foot tall Ten Commandments statue — stands prominently on the state Capitol grounds.”

The suit details how the Arkansas Legislature initiated this unconstitutional move.
“In 2016, the Arkansas General Assembly enacted Act 1231, the Ten Commandments Monument Display Act,” it states. “The purpose of the act was to permit the placing of a monument to the Ten Commandments on the grounds of the Arkansas state Capitol. The exact text of such a monument was prescribed by the General Assembly.”

The plaintiffs seek a declaration that the monument is unconstitutional, an injunction directing the defendant to remove the monument, and costs and attorneys’ fees. The lawsuit was consolidated with a case brought by the ACLU of Arkansas. The conjoined cases (No. 4:18-cv-00342) are before Judge Kristine G. Baker of the U.S. District Court for the Eastern District of Arkansas. Arkansas Attorney Gerry Schulze is representing the plaintiffs along with FFRF Legal Director Patrick Elliott.

Freedom From Religion Foundation