In a major decision with national implications, the U.S. Supreme Court has blocked the launch of what would have been the country’s first publicly funded religious charter school. The court issued a 4-4 split ruling on Tuesday, effectively siding with the Oklahoma Supreme Court, which had already ruled against the school earlier this year.
Because the Supreme Court couldn’t reach a majority decision, the lower court’s ruling stands. That means St. Isidore of Seville Catholic Virtual School, a planned online K-12 institution, will not be opening its doors this fall as intended.
What Was at Stake
The case centered around a bold and controversial move by Oklahoma to authorize a charter school with a religious mission. St. Isidore was designed to offer a Catholic-based education—prayer, religious instruction, and all—while being funded by taxpayer dollars. Supporters called it a win for school choice and religious freedom. Critics called it a dangerous breach of the constitutional line separating church and state.
When the Oklahoma Statewide Virtual Charter School Board approved St. Isidore’s application in 2023, it made headlines. No other state had ever approved public funding for a religious charter school. The decision triggered an immediate legal challenge from Oklahoma Attorney General Gentner Drummond, who warned that the move was both unconstitutional and unprecedented.
Why the Court Blocked It
In June 2024, the Oklahoma Supreme Court ruled against the school, saying it would violate both the state and U.S. constitutions. That court found that publicly funded charter schools are considered state actors, which means they must follow the same rules as public schools—chief among them, neutrality in matters of religion.
When the case reached the U.S. Supreme Court, many expected a tight decision. But with Justice Amy Coney Barrett recusing herself, the court was left with only eight justices. The resulting 4-4 tie means the Oklahoma court’s decision stands, at least for now.
What It Means for Religious Schools and Public Education
This isn’t the end of the debate over religious charter schools, but it’s a major speed bump for efforts to mix faith and public funding in education. For now, Oklahoma—and the rest of the country—will continue to treat publicly funded charter schools as secular institutions. The court’s tie doesn’t set a national precedent, but it could discourage other states from making similar moves.
That said, religious organizations and school choice advocates are unlikely to give up. They argue that excluding faith-based schools from public funding is itself a form of discrimination. Legal experts say it’s only a matter of time before another case brings the issue back to the Supreme Court, perhaps with a full bench of justices next time.
Strong Reactions on Both Sides
The response was swift from both supporters and critics of the decision.
Civil liberties groups like the ACLU called the ruling a win for the separation of church and state. “Taxpayers should never be forced to fund religious education,” one statement read. “This protects public schools from being turned into religious institutions.”
Meanwhile, Oklahoma Governor Kevin Stitt expressed deep frustration. “This is a sad day for religious freedom in America,” he said. “We should be empowering parents with more options, not fewer.” The Archdiocese of Oklahoma City, which had backed the school, said it would consider next steps.
What’s Next?
St. Isidore won’t be opening anytime soon, but the debate around religious charter schools is far from over. The issue taps into bigger questions: What should the role of religion be in public life? How far does school choice go? And where do we draw the line between church and state?
For now, the Supreme Court’s deadlock leaves those questions unanswered—but not forgotten.
