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Supreme Court Deadlock Upholds Ban on Religious Charter School in Oklahoma

The 4-4 tie, due to Justice Barrett’s recusal, affirms the Oklahoma Supreme Court’s ruling without setting a national precedent.

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The Archdiocese of Oklahoma City is seen on Thursday, April 17, 2025 in Oklahoma City, Oklahoma. (AP Photo/Nick Oxford)
A police officer is seen outside the Supreme Court of the United States is seen on Thursday May 15, in Washington, DC.
A cross sits atop the Archdiocese of Oklahoma City on Thursday, April 17, 2025 in Oklahoma City, Oklahoma. (AP Photo/Nick Oxford)

Overview

  • The U.S. Supreme Court’s 4-4 split leaves in place an Oklahoma ruling that blocked St. Isidore of Seville Catholic Virtual School from operating as a taxpayer-funded religious charter school.
  • Justice Amy Coney Barrett recused herself due to connections with Notre Dame Law School, resulting in the tie and lack of a majority decision.
  • The Oklahoma Supreme Court previously ruled that funding St. Isidore would violate the First Amendment’s Establishment Clause and state laws requiring charter schools to be nonsectarian.
  • This decision does not resolve the broader legal question of whether religious charter schools can receive public funding, leaving the issue open for future cases.
  • St. Isidore sought to become the nation’s first religious charter school, highlighting tensions between the First Amendment’s Free Exercise and Establishment Clauses.