Supreme Court Splits On Ruling About Religious Public Charter Schools

The U.S. Supreme Court reached a 4-4 deadlock on Thursday (May 22), leaving in place a lower court's decision that blocked the establishment of St. Isidore of Seville Catholic Virtual School in Oklahoma. This case, led by two Catholic dioceses, aimed to create the nation's first taxpayer-funded religious charter school. The lower court ruled that the school would violate the First Amendment's establishment clause, which limits government involvement in religion.

Conservative Justice Amy Coney Barrett recused herself from the case due to her previous affiliation with Notre Dame Law School, which represents the school's organizers. This recusal resulted in the tie, maintaining the lower court's decision.

St. Isidore was planned as a joint effort by the Catholic Archdiocese of Oklahoma City and the Diocese of Tulsa, offering virtual learning from kindergarten through high school. It would have been the first religious charter school in the United States, integrating religion into its curriculum.

The case highlighted the tension between the First Amendment's establishment clause and free exercise clause, which protects the right to practice religion freely. The Oklahoma Supreme Court previously blocked the school, classifying it as a governmental entity and stating that it would violate the establishment clause by requiring religious instruction and permitting state spending on religious activities.

Opponents argued that religious charter schools would force taxpayers to support religious indoctrination and could undermine nondiscrimination principles. The proposed school was estimated to cost Oklahoma taxpayers up to $25.7 million over its first five years.

The Supreme Court's deadlock leaves the future of religious charter schools uncertain, with ongoing debates about the balance between religious rights and constitutional limits on government involvement in religion.