Supreme Court upholds Oklahoma decision, in blow to religious charter schools

The Supreme Court on Thursday voted in a 4-4 vote to uphold the Oklahoma State Supreme Court’s decision in a landmark school choice case. 

Justices issued a one-sentence ruling upholding the lower court’s decision, saying only: “The judgment is affirmed by an equally divided Court.”

The state had ruled that providing state funds for a religious charter school violated the First Amendment. 

Justice Amy Coney Barrett recused herself from the ruling, resulting in the 4-4 split.

The Oklahoma Statewide Virtual Charter School Board approved St. Isidore’s contract request in June 2023, making them eligible to receive public funds.

But its ability to receive it was later blocked by the Oklahoma Supreme Court, which ruled that using public funds for the school was in violation of the Establishment Clause of the First Amendment. 

That argument was appealed to the Supreme Court, which agreed to hear the case last October.

During oral arguments, the justices focused on two major questions. The first is whether charter schools should be treated as public schools, which are considered extensions of the state, and therefore subject to the Establishment Cause and its ban establishing or endorsing a religion, or whether it should be considered a private entities or contractor.

The case is the first of its kind to involve religious charter schools.

This is a breaking news story and will be updated.