US Supreme Court tie ends Oklahoma plan to open publicly funded Catholic charter school
The U.S. Supreme Court deadlocked 4-4 on an Oklahoma case over a religious charter school. The tied vote allows the Oklahoma Supreme Court ruling against the school to stand. (Photo by Jane Norman/States Newsroom)
This story first appeared on Oklahoma Voice.
OKLAHOMA CITY — A deadlocked U.S. Supreme Court has upheld an Oklahoma ruling that struck down the nation's first religious charter school.
The Court announced Thursday it voted 4-4 with Justice Amy Coney Barrett recused. It did not disclose how each justice voted, nor did it issue written opinions.
The tied vote affirmed last year's Oklahoma Supreme Court decision that the concept of a publicly funded Catholic charter school is unconstitutional.
The Archdiocese of Oklahoma City and the Diocese of Tulsa sought to open St. Isidore of Seville Catholic Virtual School to offer a government-funded online education to students in all parts of the state. St. Isidore would have taught Catholic doctrine and operated according to church teachings.
The Oklahoma Statewide Virtual Charter School Board voted in 2023 to approve opening the school. Attorney General Gentner Drummond, a Republican, asked the state Supreme Court to intervene, calling the school unconstitutional and a threat to religious liberty.
Both the school and the statewide board appealed the Oklahoma Supreme Court ruling. The U.S. Supreme Court agreed to take up the case and heard oral arguments April 30.
Attorneys representing St. Isidore and the statewide board contend charter schools are not truly public schools but rather private entities contracting with the state, who therefore should be free to adopt a religion. Excluding faith-based groups from charter school funding is religious discrimination, they said.
In light of the court's decision, St. Isidore's Board of Directors said it will continue exploring other options to deliver a virtual Catholic education for all in Oklahoma.
'Families across the state of Oklahoma deserve the educational opportunities presented by St. Isidore of Seville Catholic Virtual School,' the board stated. 'We are disappointed that the Oklahoma State Supreme Court's decision was upheld in a 4-4 decision without explanation.'
During oral arguments in Washington, D.C., the Court appeared to be divided on the case. Liberal justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson made their doubts clear on St. Isidore while some of the conservative majority, particularly Justice Brett Kavanaugh, signaled support.
Drummond has long contended the Catholic charter school would create a 'slippery slope' toward taxpayers having to fund schools of any religious faith, including belief systems Oklahomans might find objectionable.
'The Supreme Court's decision represents a resounding victory for religious liberty and for the foundational principles that have guided our nation since its founding,' Drummond said in a statement Thursday.
The Statewide Charter School Board, which dropped the word 'virtual' from its name in the year since it appealed the case, issued a statement pledging its commitment to all students and the rule of law.
'The Oklahoma Statewide Charter School Board respects the Court's authority and appreciates its willingness to hear complex and deeply significant legal questions,' the board's statement reads. 'The split decision of the court affirms this was indeed a complicated matter with a wide spectrum of views on the appropriate relationship between education, public funding, and religious institutions in our state and country.'
While the attorney general led the legal fight against the school, other Republican leaders in the state, including Gov. Kevin Stitt, advocated for giving religious groups access to charter school funds.
Stitt said the matter is 'far from a settled issue.'
'This 4-4 tie is a non-decision,' Stitt said in a statement Thursday. 'Now we're in overtime. There will be another case just like this one and Justice Barrett will break the tie.'
Barrett is a former faculty member of the University of Notre Dame Law School, which aided Catholic officials' case for the school. She did not participate in the decision to consider the Oklahoma appeal nor did she hear oral arguments.
The court's deadlock could impact a separate lawsuit challenging St. Isidore in Oklahoma County District Court. That case has been on hold while the Supreme Court appeal was ongoing.
A coalition of Oklahoma parents, faith leaders and education advocates filed the lawsuit in 2023 while represented by the American Civil Liberties Union and Americans United for Separation of Church and State, along with other national legal organizations.
They contend St. Isidore would discriminate against LGBTQ+ students and employees, fail to adequately serve children with disabilities and unlawfully teach religious indoctrination.
Oklahoma City Archdiocese officials said students of all backgrounds and beliefs would have been welcome at St. Isidore. The school promised in its charter contract that it would abide by nondiscrimination laws and other state regulations to the extent that Catholic doctrine permitted.
Americans United is discussing next steps for the Oklahoma County case with the plaintiffs and co-counsel, spokesperson Liz Hayes said.
A religious charter school would be 'an abject violation of religious freedom,' said Rachel Laser, president and CEO of Americans United.
'The Supreme Court's stalemate safeguards public education and upholds the separation of church and state,' Laser said. 'Charter schools are public schools that must be secular and serve all students.'
Oklahoma Voice is part of States Newsroom, a national nonprofit news organization.
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