Supreme Court Could Have Extremely Rare Ruling in Religious Charter Case

The U.S. Supreme Court is weighing a pivotal case on whether public funds can support religious charter schools, a matter that could reshape constitutional interpretations of the separation of church and state.

Justice Amy Coney Barrett has recused herself from participating in the case, a decision that may alter the balance in the ruling involving two related appeals: Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond.

Without Barrett, there are only eight justices ruling on the case, meaning, it could end in a tie, a rare event for the Supreme Court.

Why It Matters

The case centers on St. Isidore of Seville Catholic Virtual School, which would be the first publicly funded religious charter school in the U.S. In 2023, Oklahoma’s Statewide Charter School Board approved the school’s application.

State Attorney General Gentner Drummond filed suit to block the move, arguing that the decision violated both state and federal constitutional prohibitions against government establishment of religion. The Oklahoma Supreme Court sided with Drummond, but St. Isidore’s backers appealed to the Supreme Court.

If the Supreme Court rules in favor of St. Isidore, it could expand the scope of religious institutions’ access to public funding. This would mark a significant shift in the interpretation of the First Amendment’s Establishment Clause and could open the door to similar proposals nationwide. The court’s decision would come amid rising political tensions over the role of religion in public life and education.

What To Know

Barrett did not give a reason for her recusal. However, she was a professor at the University of Notre Dame, whose religious liberty clinic represents the charter school, which is fueling speculation as to the reason behind her recusal. Without her, if all three liberal justices side together with one conservative justice, the case would end in a tie.

Tied Supreme Court decisions, while rare, are not unprecedented. A total of 164 cases decided by the Court between 1925 to 2015 ended in a tied ruling, according to the Minnesota Law Review.

In addition to recusals, the Court has had to decide cases with an even number of members following the death of a justice. Following Justice Antonin Scalia’s death in 2016, the Court was left with only eight justices and ended in a tie on cases including United States v. Texas and Friedrichs v. California Teachers Association.

Barrett’s recusal could prove decisive. A 4-4 deadlock among the remaining justices would uphold the Oklahoma Supreme Court’s decision blocking the school without creating a binding national precedent.

Oklahoma Attorney General Gentner Drummond has argued that public funding for St. Isidore of Seville Catholic Virtual School would blur constitutional lines and compel taxpayers to support religious instruction.

St. Isidore plans to offer religious instruction as part of its virtual curriculum, which would be delivered to students across the state using public charter school funds. The implications of a ruling favoring the school would be profound, potentially authorizing religious curriculum under state auspices for the first time in modern U.S. education policy.

What People Are Saying

National Alliance for Public Charter Schools, in a filing to the Supreme Court: “Charter schools now face a critical moment. This case presents an existential threat not just to the fabric of public charter schools, but to their continued existence.”

St. Isidore of Seville Catholic Virtual School, in a filing: “St. Isidore is a private entity seeking to participate in Oklahoma’s charter school program. The free exercise clause prohibits the state from denying St. Isidore and its future students this opportunity solely because it is religious.”