Divided Supreme Court upholds ban on first-of-its-kind Oklahoma religious charter school, doesn’t set precedent

A divided Supreme Court on Thursday upheld a ban on a first-of-its-kind Catholic charter school, in a case that sparked national debate on religious freedom in education.

“The judgment is affirmed by an equally divided Court,” the court wrote of its 4-4 decision in a one-sentence judgment. The decision upholds the Oklahoma Supreme Court’s earlier ruling, which barred St. Isidore of Seville Catholic Virtual School from opening this past school year.

The Supreme Court did not note which justices voted in favor or in opposition for the charter school, but following oral arguments, it was widely expected that Chief Justice John Roberts would be the deciding vote. Justice Amy Coney Barrett recused herself from the case.

Republican Oklahoma Attorney General Gentner Drummond led the lawsuit against the Catholic school, arguing that a taxpayer-funded religious school was unconstitutional and could lead to a slippery slope of the state funding fringe religious education. Backers of the school, as The Lion reported, argued it was an important part of school choice and would give Oklahoma families better options for their children’s education.   

Since the court could not reach a majority opinion and simply left the lower court’s ruling in place, legal experts told The Lion that although St. Isidore cannot open, no national precedent has been set for future cases.

“This decision sets no precedent whatsoever,” Cato Institute constitutional studies director Thomas Berry said in a statement to The Lion. “The decision of the Oklahoma Supreme Court stands, but that remains a precedent only for Oklahoma state court. The federal courts will remain free to decide the issue raised in this case however they wish, unless and until another case raising the same question reaches the Supreme Court and is decided by a majority opinion with at least five votes.”

Alliance Defending Freedom, which represented the Oklahoma charter school board that had initially approved St. Isidore’s application, said the decision was “disappointing” but leaves the topic open for “the court to revisit” in the future. 

“Oklahoma parents and children are better off with more educational choices, not fewer,” ADF chief legal counsel Jim Campbell said in a statement to The Lion. “The U.S. Supreme Court has been clear that when the government creates programs and invites groups to participate, it can’t single out religious groups for exclusion, and we will continue our work to protect this vital freedom for parents and students.”

Attorney General Drummond praised the court’s decision, saying it “represents a resounding victory for religious liberty and for the foundational principles that have guided our nation since its founding.”

“This ruling ensures that Oklahoma taxpayers will not be forced to fund radical Islamic schools, while protecting the religious rights of families to choose any school they wish for their children,” Drummond said in a statement provided to The Lion.