WASHINGTON – On Thursday, the Supreme Court split 4-4 regarding the case of an Oklahoma Catholic charter school. This stalemate affirms a lower court’s ruling, declaring the school unconstitutional.
St. Isidore of Seville Catholic Virtual School is the nation’s first religious charter school. In 2023, the Oklahoma Statewide Virtual Charter School Board narrowly approved St. Isidore’s application in a 3-2 vote. Some state leaders have pushed back against the decision.
In 2024, Oklahoma Attorney General Gentner Drummond argued against the school in front of the state’s highest court. “Today, Oklahomans are being compelled to fund Catholicism. Because of the legal precedent created by the Board’s actions, tomorrow we may be forced to fund radical Muslim teachings like Sharia law,” Drummond stated.
This viewpoint is stark in comparison to the opinion of Gov. Kevin Stitt. “We are going to keep fighting for parents’ rights to instill their values in their children and against religious discrimination,” said Stitt.
Ultimately, Oklahoma’s Supreme Court sided with Drummond, stating that the school violated the First Amendment’s Establishment Clause. St. Isidore and the state charter school board continued to rebut the ruling, eventually making their way to the U.S. Supreme Court.
Highest court ruling
During the Supreme Court hearing, Drummond debated the financial consequences of allowing a publicly funded religious charter school. In his brief, he argued that charter schools are public entities of the state and therefore cannot be secular. “They are created by the State to further its constitutional obligations, and are subject to extensive supervision and control.”
Related Stories
The Trump administration has expressed support for the school. “Excluding charter schools like St. Isidore from otherwise available funding programs based solely on their religious exercise violates the Free Exercise Clause,” stated the administration.
Similarly, at an April 30 hearing, Justice Brett Kavanaugh expressed concern about treating religion as “second class.”
Justice Amy Coney Barrett recused herself from the case without explanation. The recusal left the remaining justices tied 4-4, preventing them from issuing a formal opinion. They did, however, provide a brief order declaring the court equally divided.