Oklahoma’s top court’s ruling to block a state-funded Catholic charter school will stand after the U.S. Supreme Court deadlocked on the issue. 

The unsigned order, issued Thursday, reads simply: “The judgment is affirmed by an equally divided Court.” A 4-4 split was possible because Justice Amy Coney Barrett recused herself from the case. 

The school, St. Isidore of Seville Catholic Virtual School, named after the patron saint of the Internet, was to be operated by the Archdiocese of Oklahoma City and the Diocese of Tulsa. St. Isidore proposed being Catholic in every aspect, including instruction and operations. St. Isidore applied to be a charter school, privately run but publicly funded. 

Attorney General Gentner Drummond challenged the school in court, arguing the state’s sponsorship of the school violates the U.S. Constitution’s Establishment Clause and state statute, which prohibits public schools, including charters, from being affiliated with any particular religious group.  

Erin Brewer, an Oklahoma parent who joined a lawsuit challenging St. Isidore, said the tie feels like a win.

“The Supreme Court made the right decision in affirming that religious freedom means that individuals, families, have the right to raise their children, live our values, to pursue our faith, but we should not be forced as taxpayers to fund religious activity,” she said. 

The court’s order doesn’t indicate how the justices voted. When the court heard arguments in late April, Chief Justice John Roberts seemed most likely to split with the conservative majority, with pointed questions indicating he hadn’t yet chosen a side. 

Split decisions don’t set a precedent, so religious groups can try again with a different case. 

“This 4-4 tie is a non-decision,” said Gov. Kevin Stitt, a proponent of the school, in a written statement. “Now we’re in overtime. There will be another case just like this one and Justice Barrett will break the tie. This is far from a settled issue. We are going to keep fighting for parents’ rights to instill their values in their children and against religious discrimination.” 

Attorneys for St. Isidore and the charter school board argued that being denied state charter school funding amounted to religious discrimination. They also maintained that charter schools are not public schools, a stance that alarmed charter school advocates across the country. 

Drummond celebrated the decision as a victory for religious liberty.

“This ruling ensures that Oklahoma taxpayers will not be forced to fund radical Islamic schools, while protecting the religious rights of families to choose any school they wish for their children,” he said.

Brett Farley, executive director of the Catholic Conference of Oklahoma, said St. Isidore board members are exploring other options for offering a virtual Catholic education to students across the state.

Jennifer Palmer has been a reporter with Oklahoma Watch since 2016 and covers education. Contact her at (405) 761-0093 or jpalmer@oklahomawatch.org. Follow her on Twitter @jpalmerOKC.

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