Democrats and Republicans face off as Supreme Court justices, including Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, reach a stalemate over religious school funding in Oklahoma. Justice Amy Coney Barrett’s unexpected recusal leaves supporters and critics of religious charter schools scrambling for answers.
A 4-4 split decision from the Supreme Court on Thursday effectively upholds Oklahoma’s ban on public funds for St. Isidore of Seville Catholic Virtual School, marking a significant setback for advocates of religious charter schools. According to Fox News, justices issued a brief order affirming the lower court’s ruling, with Justice Barrett recusing herself from the case.
This deadlock leaves in place the Oklahoma Supreme Court’s determination that directing state funds to a Catholic charter school would violate the Establishment Clause of the First Amendment. With no majority opinion, the legal landscape for religious charter schools remains as divided as ever.
St. Isidore of Seville Catholic Virtual School—approved by the Oklahoma Statewide Virtual Charter School Board in June 2023—sought to become the nation’s first publicly funded religious charter school. The school agreed to comply with federal, state, and local education laws and promised to be open to all students, mirroring traditional public schools.
However, St. Isidore officials made clear that their institution “fully embraces the teachings” of the Catholic Church and is committed to participating “in the evangelizing mission of the church.” That admission sparked fierce legal and political battles over whether a religious institution can receive taxpayer dollars while maintaining its faith-based mission.
Oklahoma Attorney General Gentner Drummond led the charge against public funding for St. Isidore, calling the school’s approval “an unlawful sponsorship” of a sectarian institution and describing it as “a serious threat to the religious liberty of all four-million Oklahomans.” The state Supreme Court agreed, ruling that state dollars cannot be used to fund a school rooted in religious teachings.
Central to the case was whether charter schools should be treated as public schools—extensions of the state and thus bound by the Establishment Clause—or as private contractors, as argued by St. Isidore. If considered public, the school would be constitutionally barred from receiving state funds for religious instruction.
During oral arguments, justices explored whether Oklahoma’s actions placed an undue burden on the school’s religious mission, potentially violating the Free Exercise Clause of the Constitution. School choice advocates argued that denying funding amounted to religious discrimination, while critics countered that public dollars must not support religious evangelization.
Justice Ketanji Brown Jackson, Justice Sonia Sotomayor, and Justice Elena Kagan pressed attorneys for St. Isidore on how the school would handle students from different religious backgrounds. Questions about curriculum supervision and the extent of state oversight dominated the debate, exposing deep ideological divides among the justices.
The Supreme Court’s one-sentence decision—“The judgment is affirmed by an equally divided Court”—offers little guidance for states considering similar proposals. With Justice Barrett recused, the even split means the Oklahoma ruling stands but sets no binding precedent for other courts.
This outcome frustrates both sides of the debate. Religious liberty advocates see the decision as a missed opportunity to expand school choice and allow faith-based institutions to compete for public funds. Opponents argue the deadlock preserves vital constitutional protections against government endorsement of religion.
In recent years, the Court’s conservative majority has allowed taxpayer support for religious organizations providing non-sectarian services. However, this case raised new questions about how much control states would have over curriculum and religious practices if faith-based charter schools were publicly funded.
Oklahoma Attorney General Gentner Drummond called the situation “a serious threat to the religious liberty of all four-million Oklahomans.” St. Isidore officials stated the school “fully embraces the teachings” of the Catholic Church and participates “in the evangelizing mission of the church.”
Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson joined in the Supreme Court’s deadlocked decision on Thursday, leaving St. Isidore of Seville Catholic Virtual School’s bid for public funding unresolved. The Oklahoma Supreme Court’s ruling stands, barring the school from state dollars due to concerns over the Establishment Clause.
Supporters and critics alike now await possible new legal challenges or legislative action that could clarify the boundaries between religious freedom and state funding of education. Nationally, the outcome has reignited debate over the proper role of religion in publicly funded schools and the future of school choice in America.
