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An evenly split U.S. Supreme Court has left in place a decision by the Oklahoma Supreme Court that blocks the establishment of what would have been the nation's first Catholic charter school. The 4-4 ruling on May 22 effectively supports the Oklahoma court's finding that funding St. Isidore of Seville Catholic Virtual School with public money is unconstitutional.
Justice Amy Coney Barrett did not participate in the case, and no reason was provided for her recusal. Barrett was previously affiliated with Notre Dame Law School, which supported the proposed school.
Archbishop Paul S. Coakley of Oklahoma City and Bishop David A. Konderla of Tulsa expressed disappointment over the decision, stating: “Families across the state of Oklahoma deserve the educational opportunities presented by St. Isidore of Seville Catholic Virtual School." They emphasized their commitment to offering education options and exploring other methods to provide virtual Catholic education statewide.
The Archdiocese of Oklahoma City and Diocese of Tulsa's attempt to establish St. Isidore was approved by a state school board in 2023 but faced legal challenges from Attorney General Gentner Drummond. He argued that a religious charter school funded publicly would breach constitutional separation principles and state law.
Proponents contended that their application met all necessary criteria for a charter school and should not face discrimination based on religious identity, yet the Oklahoma Supreme Court sided with Drummond.
In a statement following the Supreme Court's non-decision, Drummond warned against taxpayer-funded religious schools, calling it a "potential cancer" and emphasizing his stance against such funding as it could lead to financing beliefs contrary to those held by taxpayers.
The case drew comments from Justice Samuel Alito, who questioned if opposition to the school was rooted in religious bias during an oral argument session on April 30.
Alliance Defending Freedom, involved in supporting the school, cited historical precedents where early U.S. government actions included financial support for religious education as evidence backing their position.
Oklahoma Governor Kevin Stitt expressed optimism about future cases where Barrett might not need to recuse herself, suggesting ongoing efforts: “This fight isn’t over.”
Kate Scanlon reports nationally for OSV News from Washington.
