


Topline
The Supreme Court ruled Thursday against a religious charter school in Oklahoma, upholding a court ruling saying public charter schools cannot be religious, a surprising ruling that breaks from the conservative-leaning court’s past willingness to support religion in schools.
The Supreme Court ruled 4-4 to uphold a court decision blocking a religious charter school.
The Supreme Court split 4-4 in the case but decided to uphold the Oklahoma Supreme Court’s ruling, which found a Catholic charter school in the state violated state laws prohibiting using public money to support religious institutions.
Justice Amy Coney Barrett did not participate in the case, and did not give any reason for her recusal.
The case concerned St. Isidore of Seville, a virtual charter school explicitly tied to the Catholic Church, which states it “fully embraces” and “incorporates” the church’s teachings into its curriculum and would participate “in the evangelizing mission of the church.”
The school was affirmed by the state’s Charter School Board but then struck down in court, with the Oklahoma Supreme Court ruling that using taxpayer funding on the school would “constitute the use of state funds for the benefit and support of the Catholic church.”
The Supreme Court did not give any reasoning behind its ruling or note which justices voted on either side, only noting the Oklahoma Supreme Court’s ruling was “affirmed by an equally divided Court.”
The court’s decision to only uphold the Oklahoma ruling, rather than more clearly state that religious charter schools are unlawful, means that more legal challenges could still be brought in the future regarding religious charter schools in other states—which might have a better shot at succeeding, if Barrett is able to participate.
This story is breaking and will be updated.