Supreme Court Ties 4-4, Blocks Funding for Oklahoma Religious Charter School

In a tightly contested 4-4 decision, the U.S. Supreme Court upheld Oklahoma’s ruling against public funding for St. Isidore of Seville Catholic Virtual School, dealing a significant blow to religious charter schools nationwide. The tie vote, with Justice Amy Coney Barrett recused, affirmed the Oklahoma Supreme Court’s stance that allocating taxpayer money to a religious institution violates the First Amendment’s Establishment Clause.

St. Isidore, approved for state funding in June 2023, promised to operate as a public school, open to all and compliant with educational laws. Yet, its explicit commitment to Catholic teachings and the church’s evangelizing mission sparked controversy. Oklahoma Attorney General Gentner Drummond led the charge against the school’s charter, arguing it posed a threat to religious liberty by endorsing a sectarian institution.

The Supreme Court’s brief ruling offered no insight into the justices’ split, but oral arguments last month revealed deep divisions. Justices grappled with whether charter schools are public entities bound by the Establishment Clause or private contractors with more leeway. They also questioned if Oklahoma’s restrictions infringed on the school’s Free Exercise Clause rights. Justices Jackson, Sotomayor, and Kagan probed how St. Isidore would accommodate students of differing faiths, highlighting the tension between inclusion and religious identity.

This decision underscores the ongoing debate over the separation of church and state in education. While recent rulings have allowed public funds for non-sectarian religious services, the Court drew a line here, signaling limits on religious charter schools’ access to taxpayer dollars.