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Supreme Court Deadlocks on Religious Charter School Funding Case

A 4-4 tie leaves the Oklahoma Supreme Court's ban on taxpayer funding for a Catholic charter school intact, without setting a national precedent.

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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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Rev. Shannon Fleck and Rev. Paul Brandeis Raushenbush oppose Oklahoma religious charter school before Supreme Court building

Overview

  • The U.S. Supreme Court's 4-4 split affirms the Oklahoma Supreme Court's ruling that prohibits public funding for St. Isidore of Seville Catholic Virtual School.
  • Justice Amy Coney Barrett recused herself due to ties with Notre Dame, whose religious liberty clinic represented the school, resulting in the tie vote.
  • The decision leaves unresolved the broader constitutional question of whether religious charter schools can receive taxpayer funding under the First Amendment.
  • St. Isidore, backed by Oklahoma's governor and Catholic dioceses, sought to operate as the nation's first religious public charter school, sparking significant legal debates.
  • The case highlights ongoing tensions between the Establishment and Free Exercise Clauses of the First Amendment, with implications for future cases on church-state separation.