4-4 SCOTUS Vote Halts Nation’s First Religious Charter School/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ The U.S. Supreme Court deadlocked 4-4 on a case involving Oklahoma’s attempt to launch the nation’s first publicly funded religious charter school. The tie vote lets a lower court ruling stand, effectively blocking the St. Isidore of Seville Catholic Virtual School, but leaves the constitutional question unresolved.
Supreme Court Tie Halts Religious Charter School in Oklahoma: Quick Looks
- The justices split 4-4, leaving a lower court ruling in place.
- The ruling blocks taxpayer funding for St. Isidore of Seville Catholic Virtual School.
- Justice Amy Coney Barrett did not participate, likely due to a personal connection.
- The case marked a major test of the separation of church and state in public education.
- Four conservative justices appeared to favor the school; liberals opposed.
- Chief Justice John Roberts likely sided with liberals, resulting in a tie.
- The decision keeps the issue alive for future court challenges.
- St. Isidore planned to provide online K-12 education aligned with Catholic teachings.
- Oklahoma classifies charter schools as public entities subject to state oversight.
Deep Look: Supreme Court Tie Vote Blocks Oklahoma’s Catholic Charter School Plan
In a split 4-4 vote, the U.S. Supreme Court on Thursday effectively shut down Oklahoma’s effort to create the first publicly funded Catholic charter school in the country. The deadlock means a lower court ruling against the school stands—but without setting a national precedent.
At the center of the case was the St. Isidore of Seville Catholic Virtual School, which planned to enroll 200 K-12 students online with a mission to provide education aligned with Catholic doctrine. The school was approved by Oklahoma’s Charter School Board but immediately faced legal challenges over concerns it violated the First Amendment’s Establishment Clause.
Because the Court tied, the justices did not issue a written opinion or clarify the legal standards involved, leaving the broader constitutional question unresolved. The brief notice simply confirmed the court was evenly divided, preserving the Oklahoma court’s decision to block the school.
The missing vote? Justice Amy Coney Barrett recused herself without explanation. However, she previously taught at Notre Dame Law School with Nicole Garnett, a legal adviser to the school, making her absence unsurprising.
During oral arguments, the Court’s three liberal justices signaled clear opposition to the religious charter school. Four conservative justices, including Justices Thomas, Alito, Gorsuch, and Kavanaugh, appeared supportive. That left Chief Justice John Roberts in a pivotal position—one he seemingly used to align with the liberals, resulting in the tie.
Legal analysts say the ruling underscores the tension between expanding school choice and maintaining the constitutional boundary between church and state.
“This ruling leaves the door wide open for a return trip to the high court,” said constitutional law expert Linda Greenberg. “If all nine justices participate next time, we could see a definitive answer.”
At issue was whether a religious school can be deemed public if it receives taxpayer funding through a charter structure. In Oklahoma and 45 other states, charter schools are considered public schools. They are tuition-free, open to all students, and subject to various public accountability standards, including non-discrimination rules and curriculum oversight.
Opponents, including advocacy groups and civil liberties organizations, argued that funding a school intended to “evangelize” violated long-standing legal precedents barring government endorsement of religion.
The Archdiocese of Oklahoma City defended the initiative, claiming the state’s refusal infringed on its religious freedom and amounted to religious discrimination.
“We simply asked to be treated like any other charter school,” a church spokesperson said. “Our goal was to provide high-quality Catholic education to underserved families.”
The case comes amid a broader push by conservative leaders in several states to bring religion into public classrooms. Oklahoma, for instance, has ordered Bibles to be placed in public school libraries and supported legislation to post the Ten Commandments in classrooms.
The Department of Education in Oklahoma had expected the virtual school to begin enrolling students in fall 2024. The Supreme Court’s deadlock puts those plans on indefinite hold.
Though St. Isidore is blocked for now, experts predict the issue will return to the Supreme Court—potentially with all nine justices weighing in.
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