THE OKLAHOMA BAR JOURNAL 14 | APRIL 2025 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. IN DRUMMOND V. OKLAHOMA STATEWIDE VIRTUAL CHARTER SCHOOL BOARD, the Oklahoma Supreme Court invalidated the nation’s first religious public charter school. The court ordered the Oklahoma Statewide Virtual Charter School Board to rescind its contract establishing St. Isidore Catholic Virtual Charter School, finding that the contract – which permitted a private organization affiliated with the Catholic Church to operate a virtual charter school within Oklahoma’s public education system, fully integrating religion and religious teachings into its curriculum and activities – violated both the Oklahoma Constitution and the establishment clause. Central to the court’s reasoning in invalidating the contract was its application of the state actor doctrine, which determines when a private entity’s conduct is subject to constitutional scrutiny, usually reserved for state actions.1 The court concluded that St. Isidore’s religious instruction and related activities were fairly attributable to the state, making the establishment clause and relevant state constitutional provisions applicable to the school, as they would be to any other public school. Through this case, this article takes a closer look at the state actor doctrine and its application when private entities are engaged in public endeavors. UNDERSTANDING THE STATE ACTOR DOCTRINE Constitutional protections, especially under the Bill of Rights and the 14th Amendment, typically apply to government actions, not private entities.2 But when governments collaborate with private entities through partnerships, contracts or incentives, the line between public and private action can blur, raising constitutional questions. The state actor doctrine provides a framework for determining when private conduct should be treated as government action and subject to constitutional limits. Courts consider factors like the level of state involvement, whether the private entity performs a function traditionally reserved for the state and the extent of state influence over the entity’s actions. When a private entity is deemed a state actor, its Constitutional Law End-Running the First Amendment in Public Schools? Lessons on the State Actor Doctrine From Oklahoma’s Religious Charter School Case By Randall J. Yates
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