At the U.S. Supreme Court, as in baseball, a tie goes to the runner. This morning, the Court issued a 4–4 decision in St. Isidore of Seville Catholic Virtual School v. Drummond, leaving in place the Oklahoma Supreme Court’s ruling that the state cannot approve a religious charter school. According to the Oklahoma court, doing so would violate state law and the First Amendment’s Establishment Clause.
Background
The Archdiocese of Oklahoma City and the Diocese of Tulsa sought to launch St. Isidore of Seville Catholic Virtual School, a publicly funded, online Catholic charter school. The school would operate under the auspices of the Catholic Church and fully integrate Catholic doctrine into its curriculum, policies, and daily activities. The Oklahoma Statewide Virtual Charter School Board approved St. Isidore’s application by a 3 – 2 vote.
In response, Oklahoma Attorney General Gentner Drummond filed suit, asking the Oklahoma Supreme Court to block the school’s approval. He argued that authorizing a religious charter school would violate both the Oklahoma Constitution, which prohibits the use of public funds to support religious institutions, and the U.S. Constitution’s Establishment Clause.
Oklahoma Supreme Court Decision
The Oklahoma Supreme Court agreed with Attorney General Drummond. The court found that the school’s explicitly religious mission, required participation in religious instruction, and use of public funds for religious education created a constitutionally impermissible entanglement between church and state. As such, it held that the approval of St. Isidore violated both the state and federal constitutions. St. Isidore and the Charter School Board appealed to the U.S. Supreme Court, which granted certiorari.
Supreme Court Decision
In a per curiam decision split 4–4, the U.S. Supreme Court affirmed the Oklahoma Supreme Court’s ruling. Justice Amy Coney Barrett recused herself from the case, resulting in the deadlock. Because the Court was evenly divided, it issued no opinion on the merits, and the lower court’s decision stands.
What Comes Next
While this decision settles the matter in Oklahoma – for now – the Supreme Court did not answer the broader constitutional question of whether states may approve religious charter schools. Given growing interest in faith-based charter models, similar applications are likely to emerge in other states, potentially bringing the issue back to the U.S. Supreme Court.
We will continue to monitor developments and provide updates as this important question evolves.