The nation’s first religious charter school received a major setback after the Supreme Court deadlocked on a decision on whether or not to allow taxpayer-funded religious schools. SCOTUS listened to arguments for and against the creation of a Catholic charter school in Oklahoma that opponents declared a violation of the separation of church and state. A state charter school board approved the creation of the St. Isidore of Seville Catholic Virtual School in a 3-2 vote in 2023.

Republican Oklahoma Attorney General Gentner Drummond quickly filed a complaint against the school, with concerns that it might open the door to other religious groups starting state-funded schools. Other left-leaning groups also filed complaints against the school as well, with the Oklahoma Supreme Court ruling 7-1 against the formation of the school, stating it violated the state constitution. The case was then brought to the Supreme Court.

The court remained split on the school, ruling 4-4 in the hearing. It has not been released which judge voted for or against, leading to speculation that Chief Justice John Roberts joined the court’s three liberal judges against the school. Justice Amy Coney Barrett recused herself from the case reportedly due to having personal ties with Nicole Stelle Garnett, one of the initial advisors for St. Isidore. A split decision sets no precedent, meaning that while it is a blow to St. Isidore, the door still remains open for taxpayer-funded religious schools in the future.

Alliance Defending Freedom (ADF) Chief Legal Counsel Jim Campbell argued on behalf of the charter school, noting that charter schools are a public program and to disallow religious entities to participate in them is discrimination. “The Oklahoma Statewide Charter School Board is committed to this principle of religious neutrality. That’s why it approved St. Isidore’s application based on the strength of its proposal, refusing to reject the group because of its faith,” he argued.

Drummond celebrated the vote. “The Supreme Court has ruled in favor of my position that we should not allow taxpayer funding of radical Islamic schools here in Oklahoma. I am proud to have fought against this potential cancer in our state, and I will continue upholding the law, protecting our Christian values and defending religious liberty,” he wrote on X. The state’s governor, Kevin Stitt, stated he believes the fight will continue. “There will be another case just like this one and Justice Barrett will break the tie,” he told The Associated Press.