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4h ago

Supreme Court Deadlocks, Blocking Nation’s First Religious Charter School

The 4-4 tie, with Justice Barrett recused, upholds Oklahoma’s ruling that public charter schools must remain nonsectarian, leaving the broader constitutional question unresolved.

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Oklahoma student group Free To Learn stands outside the Supreme Court ahead of oral arguments for a religious charter school case in Washington, DC, on April 30, 2025.
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Supreme Court Justice Amy Coney Barrett speaks during a panel discussion at the winter meeting of the National Governors Association, Friday, Feb. 23, 2024, in Washington.

Overview

  • The U.S. Supreme Court’s 4-4 split affirms the Oklahoma Supreme Court’s decision to block St. Isidore of Seville Catholic Virtual School from receiving taxpayer funding.
  • Justice Amy Coney Barrett recused herself from the case, citing ties to Notre Dame Law School, whose religious liberty clinic advised the school.
  • The ruling leaves intact Oklahoma’s law requiring charter schools to be nonsectarian, but it does not set a nationwide precedent on religious charter schools.
  • The case highlighted tensions between the First Amendment’s Establishment Clause, which prohibits government endorsement of religion, and the Free Exercise Clause, which protects religious practice.
  • The unresolved legal question sets the stage for future challenges, particularly if a full nine-justice Supreme Court reviews a similar case.