SCOTUS deadlocks, stopping first U.S. religious charter school

The U.S. Supreme Court’s deadlock leaves in place the Oklahoma Supreme Court decision to stop the Catholic Church in Oklahoma from establishing a public, religious charter school. The state supreme court had found that such a school would violate the establishment of religion clause from the Constitution’s First Amendment, prohibiting the government from favoring one religion over others.

The lower court’s decision was “affirmed by an equally divided court,” according to a one-page opinion by the Supreme Court. Justice Amy Barrett was not involved in considering the cases or deciding them, according to the Supreme Court’s opinion. The Supreme Court did not elaborate on the nature of the division, or which specific justices took sides.

Why was Justice Barrett not involved? She did not state a reason for recusing herself from the case weeks ago. However, she was reportedly a close friend of a Notre Dame Law School professor who was a former adviser to the Catholic Church in Oklahoma. Her non-involvement set up a possible deadlock among the remaining eight justices. Including Barrett, six out of the nine U.S. Supreme Court Justices are practicing Catholics.

How was the case argued before the Supreme Court? During April 30 oral arguments, attorneys for the state said the school would have to be considered a government entity if it received public funding. The school would also be subject to government regulations that could restrict its right to the free exercise of religion, they argued. Attorney Gregory Garre raised concerns that a ruling in favor of St. Isidore would set a precedent that states can create and fund religious institutions.

Attorney James Campbell, arguing for the school and the charter board, said the state would be discriminating against religious institutions if it excluded them from a program while accepting other private actors. Campbell said the case was similar to several other Supreme Court decisions from the last decade, which used a nondiscrimination rule.

How did Catholics try to launch a religious charter school? Oklahoma’s virtual charter school board in 2023 approved a contract to establish the St. Isidore of Seville Catholic Virtual School. It would have been the first religious public charter school in the nation. But the Oklahoma Supreme Court invalidated the contract at the request of state officials. The school and charter board appealed the case to the nation’s highest court.

Dig Deeper: Read Steve West’s analysis of the case and Christina Grube’s coverage of the live arguments.