A tied Supreme Court vote has left Oklahoma’s ban on a Catholic virtual charter school intact, escalating national tensions over religious freedom and public education funding.
At a Glance
- The Supreme Court deadlocked 4-4 on the St. Isidore case
- The tie leaves Oklahoma’s rejection of the school in place
- The case questioned if religious schools can be public charters
- Advocates say the decision violates religious liberty rights
- Justice Barrett’s recusal caused the critical impasse
A Constitutional Collision Over Faith and Funding
The U.S. Supreme Court’s failure to reach a majority decision in the St. Isidore of Seville Catholic Virtual School case has left major constitutional questions unresolved. At issue was whether Oklahoma’s refusal to approve the Catholic school as a charter institution violated the Free Exercise Clause of the First Amendment.
The state argued that public funds should not support explicitly religious institutions. But supporters pointed to the school’s compliance with all curriculum standards and its non-exclusionary admissions policy, arguing that it met all secular qualifications for charter status.
This deadlock leaves intact the Oklahoma Supreme Court’s decision barring the school, casting doubt on the future of faith-based charter schools and potentially undermining the Supreme Court’s own 2022 ruling in Carson v. Makin, which held that religious institutions cannot be denied public benefits offered to secular counterparts.
School Choice Advocates Sound the Alarm
Beyond legal theory, this case has practical implications for American families seeking alternatives to traditional public schools. Advocates argue that denying charter status to religious schools limits parental rights and educational choice, particularly in rural areas where virtual charters may be the only viable option.
Critics have also scrutinized Oklahoma Attorney General Gentner Drummond, a Republican, for opposing the Catholic charter, suggesting a break from conservative values typically aligned with religious liberty and school choice. The broader concern, they argue, is that such decisions could deter faith-based organizations from offering educational services under public frameworks.
The Recusal That Changed Everything
Justice Amy Coney Barrett’s recusal—reportedly due to personal or financial ties to one of the involved parties—ultimately led to the 4-4 deadlock. Her absence denied the conservative bloc a likely majority and created a constitutional gray zone with national implications.
Without a clear Supreme Court ruling, lower court decisions on similar cases will vary, potentially leading to inconsistent protections for religious institutions across different states.
Unresolved, But Not Unchallenged
The case leaves unresolved whether excluding religious schools from public charter funding constitutes unconstitutional discrimination. Though St. Isidore remains blocked for now, advocates for religious liberty are expected to bring new challenges.
The fight continues in legislatures and courts nationwide as the boundary between public education and religious freedom is redrawn—often one court ruling at a time.
