In a rare 4-4 deadlock, the U.S. Supreme Court let stand an Oklahoma ruling that blocks the establishment of the nation's first taxpayer-funded religious charter school.

According to the Christian Post, the split decision on Thursday effectively affirms a June 2024 ruling by the Oklahoma Supreme Court, which found that the launch of St. Isidore of Seville Catholic Virtual School violated the state constitution.

The proposed school was to be jointly administered by the Roman Catholic Archdiocese of Oklahoma City and the Catholic Diocese of Tulsa. It aimed to become the first public virtual charter school in the United States to teach religion as part of its daily curriculum while receiving public funding.

The Oklahoma Statewide Virtual Charter School Board approved the school’s application in June 2023 in a narrow 3-2 vote. That decision triggered a wave of legal challenges, led by both progressive organizations and Republican Oklahoma Attorney General Gentner Drummond.

Progressive advocacy groups sued in July 2023, followed by Drummond filing a separate action in October. Both legal efforts argued that publicly funded institutions cannot provide religious instruction, citing constitutional concerns.

State Supreme Court Issues Strong Rejection

The Oklahoma Supreme Court ruled against St. Isidore in June 2024 in a 7-1 decision. The court concluded the school's approval violated Oklahoma’s constitutional ban on using public funds for religious purposes.

Following the decision, the charter school board reversed course and unanimously voted to rescind its contract with the Catholic school. Despite this, the board and the school appealed the case to the U.S. Supreme Court later that year.

The high court agreed to review the matter in January 2025 by consolidating the appeals under the cases Oklahoma Charter School Board, et al. v. Drummond and St. Isidore of Seville School v. Drummond.

Justice Recusal Deepens Court Division

Justice Amy Coney Barrett recused herself from the decision due to her relationship with Nicole Stelle Garnett, a law professor who played an early advisory role in the school’s creation. Her absence resulted in the 4-4 tie.

Because a tie vote in the Supreme Court leaves the lower court’s ruling intact, the Oklahoma decision remains the final word on the case. The deadlock avoided setting a national precedent but dealt a blow to religious groups seeking access to public education funds.

During oral arguments in April 2025, Jim Campbell of Alliance Defending Freedom argued in defense of the school. He maintained that religious organizations should not be barred from public programs created for private actors.

Debate Over Public School Identity Intensifies

“When a state creates a public program and invites private actors, it can’t exclude people or groups because they’re religious,” Campbell said. He added that the board evaluated St. Isidore’s proposal on merit and not theology.

Representing the attorney general, former U.S. Solicitor General Gregory Garre countered that public charter schools cannot offer religious instruction. “Charter schools are public schools,” he stressed during his arguments before the justices.

"Teaching religion as truth in public schools is not allowed," Garre said. "St. Isidore has made clear that that's exactly what it wants to do in infusing its school day with the teachings of Jesus Christ."

Attorney General Applauds Court Outcome

Attorney General Drummond called the ruling a victory for constitutional protections. He also cited concerns about setting precedents that could extend public support to other religious institutions, stating, “We should not allow taxpayer funding of radical Islamic schools here in Oklahoma.”

He elaborated further, “I am proud to have fought against this potential cancer in our state, and I will continue upholding the law, protecting our Christian values, and defending religious liberty.”

Although the Supreme Court’s ruling was limited in scope, it drew national attention to the evolving relationship between religion and public education in the United States. Legal experts say future challenges are likely as religious groups continue testing the boundaries of public funding access.