OKLAHOMA CITY (KOKH) — The U.S. Supreme Court upholds the Oklahoma Supreme Court’s decision to block a religious public charter school.
The Justices’ vote was tied 4-4, meaning the court automatically affirms the lower court’s opinion.
The Oklahoma Supreme Court’s decision only applies to the state, meaning the question of religious public charter schools could make its way back to the Supreme Court Justices.
The case centers around St. Isidore of Seville Catholic Virtual School and the state board that approved it against Oklahoma’s Attorney General.
In June 2024, the Oklahoma Supreme Court ruled that the contract for the school was unconstitutional. After that, St. Isidore and the Oklahoma Statewide Charter School Board went to the United States Supreme Court with the case.
The Alliance Defending Freedom represented the charter school board and said the case was important for two reasons: educational freedom and making sure that the state doesn’t discriminate against faith groups.
In March 2025, Oklahoma Attorney General Gentner Drummond filed a brief explaining why the proposed taxpayer-funded religious public charter school is not required by the U.S. Constitution.
The brief stated, in part:
Oklahoma readily agrees that there is no categorial bar against public monies reaching (and funding) private religious schools, including for devotional instruction and ministry, through such parental choice programs. No one doubts that such an education can be profoundly valuable. But it is not one that States must provide in public schools.
Within the brief, Drummond points out how a favorable ruling for St. Isidore would have consequences, including the possibility of religious institutions becoming subject to state regulation.
U.S. Supreme Court Justice Barrett recused himself from the case, leading to a tied decision.
Oklahoma Governor Kevin Stitt released a statement saying,
This 4-4 tie is a non-decision. 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.
Drummond said he is proud to have fought against this “potential cancer” in Oklahoma and will continue upholding the law and protecting Christian values.
The Alliance Defending Freedom Chief Legal Counsel Jim Campbell said in a statement:
Oklahoma parents and children are better off with more educational choices, not fewer. While the Supreme Court’s order is disappointing for educational freedom, the 4-4 decision does not set precedent, allowing the court to revisit this issue in the future. The U.S. Supreme Court has been clear that when the government creates programs and invites groups to participate, it can’t single out religious groups for exclusion, and we will continue our work to protect this vital freedom for parents and students. We remain proud of our clients, the Oklahoma Statewide Charter School Board, and their brave stand for educational freedom.
Oklahoma State Superintendent Ryan Walters said, “Allowing the exclusion of religious schools from our charter school program in the name of 19th century religious bigotry is wrong. As state superintendent, I will always stand with parents and families in opposition to religious discrimination and fight until all children in Oklahoma are free to choose the school that serves them best, religious or otherwise.”
“We are disappointed, but the result of this 4-4 decision with no opinion is that the fight against religious bigotry will continue in Oklahoma and across the country,” said Hiram Sasser, Executive General Counsel for First Liberty. “We will not stop until we can bring an end to religious discrimination in education.”