Supreme Court Deadlocks, Blocks Nation’s First Religious Charter School in Oklahoma

by Emmitt Barry, Worthy News Correspondent

(Worthy News) – In a rare 4-4 decision, the U.S. Supreme Court on Thursday upheld a lower court ruling that blocks the establishment of the country’s first publicly funded religious charter school, leaving in place an Oklahoma Supreme Court decision that deemed the proposed school unconstitutional.

The case centered around St. Isidore of Seville Catholic Virtual School in Oklahoma City, which had been approved by the Oklahoma Statewide Virtual Charter School Board in 2023. The school would have received taxpayer funding while operating under the teachings and mission of the Catholic Church. It pledged to remain tuition-free and open to all students in accordance with state education laws.

Justice Amy Coney Barrett recused herself from the case, resulting in an evenly split court. Without a majority opinion, the Supreme Court issued a one-line, unsigned decision: “The judgment is affirmed by an equally divided Court.” No reasoning or vote breakdown was provided, as is customary in tie decisions.

The underlying ruling, issued by the Oklahoma Supreme Court on June 25, 2024, ordered the state board to cancel its contract with St. Isidore. The justices determined that the school functioned as a state actor and thus could not receive public funds without violating the Establishment Clause of the First Amendment and the Oklahoma Constitution’s ban on using public money to support religious institutions.

Oklahoma Attorney General Gentner Drummond, who brought the original challenge, praised the decision, warning that public sponsorship of religious education poses “a serious threat to the religious liberty of all four million Oklahomans.”

Advocates for school choice and religious liberty had hoped the nation’s highest court would recognize the school’s claim that it was being denied equal treatment based on its faith-based identity. Attorneys for St. Isidore argued that the state’s refusal to fund the school amounted to religious discrimination and a violation of the Free Exercise Clause.

During oral arguments last month, justices appeared sharply divided over whether religious charter schools should be considered public entities subject to constitutional restrictions–or private contractors with more freedom of religious expression.

The high-profile case, Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond, leaves unresolved the larger question of whether states can or must include religious schools in publicly funded charter systems. Legal analysts expect the issue to resurface in future cases, given the growing interest in expanding school choice programs nationwide.

For now, the court’s deadlock means St. Isidore will remain closed, and the precedent set by Oklahoma’s highest court stands.

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