The Supreme Court Thursday ruled against a Catholic charter school, upholding the Oklahoma Supreme Court decision disqualifying the school for state funds.
Justice Amy Coney Barrett recused herself from the ruling, resulting in an equally divided court.
The court did not issue an opinion, only stating, “The judgment is affirmed by an equally divided court.”
Oklahoma Attorney General Gentner Drummond, a Republican, sued the Oklahoma Statewide Virtual Charter School Baord and its members, seeking to invalidate its contract with St. Isidore of Seville Catholic Virtual School. The school, supported by the Archdiocese of Oklahoma City and the Diocese of Tulsa, aims to operate as a Catholic virtual charter school.
The contract had recognized religious rights for St. Isidore that deviated from the expectation that charter schools remain nonsectarian under Oklahoma law. The Oklahoma Supreme Court ruled that the contract violated the First Amendment’s establishment clause.
The court had taken up the case to examine two questions: whether the education decisions of a privately owned and operated school constitute state action because the school has a contract with the state; and whether the First Amendment’s free exercise cause prohibits or the establishment clause requires a state to exclude religious schools from its charter school program.
This is a breaking news story and will be updated.