OKLAHOMA CITY — An Oklahoma Supreme Court ruling striking down a religious charter school will stand after the nation’s highest court deadlocked on the issue.
The U.S. Supreme Court announced Thursday its justices voted 4-4 with Justice Amy Coney Barrett recused. A tied vote affirms the lower court’s ruling.
The Oklahoma Supreme Court decided last year that the concept of a publicly funded Catholic charter school is unconstitutional. St. Isidore of Seville Catholic Virtual School would have been the first of its kind in the nation.
The Archdiocese of Oklahoma City and the Diocese of Tulsa sought to open the school to offer a free Catholic education to students in all parts of the state. St. Isidore would have taught Catholic doctrine and operated according to church teachings.
The Oklahoma Statewide Virtual Charter School Board voted in 2023 to approve opening the school. Attorney General Gentner Drummond asked the state Supreme Court to intervene, calling the school unconstitutional and a threat to religious liberty.
Catholic officials appealed the state Supreme Court ruling. The U.S. Supreme Court agreed to hear the case April 30.
Attorneys representing the school and the statewide board contend charter schools are not truly public schools but rather private entities contracting with the state, who therefore should be free to adopt a religion.
During oral arguments in Washington, D.C., the Court appeared to be divided on the case. Liberal justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson made their doubts clear on St. Isidore while some of the conservative justices, particularly Justice Brett Kavanaugh, signaled support.
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