Supreme Court Deadlocks in Oklahoma Religious Charter School Case, Upholding State Ruling
The U.S. Supreme Court reached a 4-4 deadlock on a case involving Oklahoma’s attempt to launch the country’s first publicly funded religious charter school. The tie vote leaves the Oklahoma Supreme Court’s ruling intact, effectively blocking the establishment of St. Isidore of Seville Catholic Virtual School.
St. Isidore, proposed by the Archdiocese of Oklahoma City and the Diocese of Tulsa, aimed to provide tuition-free, Catholic-based virtual education to students across the state. In 2023, the Oklahoma Statewide Virtual Charter School Board approved the school’s application in a narrow 3-2 vote, setting off a legal firestorm. Critics, including Oklahoma Attorney General Gentner Drummond, argued that the approval violated constitutional protections against the government establishing or endorsing religion.
The case drew national attention, eventually reaching the U.S. Supreme Court. However, Justice Amy Coney Barrett recused herself due to her previous association with a Notre Dame law clinic that had provided advice to the school. Her absence resulted in a split among the remaining justices, with four voting to overturn the Oklahoma ruling and four voting to uphold it. Because no majority opinion was issued, the decision of the Oklahoma Supreme Court remains in effect.
Although the outcome is seen as a setback for religious school advocates, it does not establish a nationwide precedent. Legal analysts expect similar challenges to emerge in other states as lawmakers and religious organizations continue to test the boundaries of religious inclusion in public education systems. With no definitive ruling from the highest court, the issue is far from resolved.
Reactions to the decision were divided. Supporters of St. Isidore, including Oklahoma Governor Kevin Stitt, expressed disappointment and called the ruling a missed opportunity to expand parental choice in education. On the other side, civil liberties groups and some public education advocates praised the outcome, warning that publicly funded religious schools could undermine the separation of church and state and jeopardize protections for minority and LGBTQ+ students.
This legal battle marks a pivotal moment in the broader national conversation about school choice, religious freedom, and the role of taxpayer funding in faith-based education. As similar cases make their way through the courts, the question of how far states can go in supporting religious institutions with public funds remains unanswered.
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