OKLAHOMA – A 4–4 deadlock in the U.S. Supreme Court on Thursday, May 22, 2025, effectively ended a taxpayer-funded Catholic charter school in Oklahoma, according to WBAL TV 1. The case centered around the St. Isidore of Seville Catholic Virtual School, which had been approved for public funding by an Oklahoma state charter board. If allowed to proceed, it would have become the nation’s first publicly funded religious charter school.
The legal challenge originated in 2023 when Oklahoma Attorney General Gentner Drummond, a Republican, filed suit against the state charter board’s decision. Despite support from other state officials, including Governor Kevin Stitt, Drummond argued that public funding of a religious charter school violated constitutional protections around religious liberty. In a statement related to the case, Drummond warned that such funding could set a precedent for “fund[ing] radical Islamic schools,” according to BBC.
As reported by Reuters, Oklahoma’s highest court previously ruled 6–2 against the school’s funding. However, the controversy pushed the case to the federal courts and eventually to the U.S. Supreme Court, highlighting the ongoing national debate over the separation of church and state.
WBAL TV 1 noted that the case had broader implications for the current Court’s stance on religious liberty, especially in a political climate shaped by growing evangelical influence and partisan divides. While the Court has previously ruled in favor of religious access to public funding—in landmark cases in Missouri (2017) and Maine (2022)—this split decision marks a notable departure. With no majority ruling, the lower court’s decision stood, halting the school’s funding and leaving the broader issue unresolved.
A key factor in the 4–4 tie was the recusal of Justice Amy Coney Barrett, a decision that generated significant speculation and controversy. WBAL TV 1 reported that Barrett’s absence may have stemmed from her personal relationship with Nicole Garnett, an adviser to the St. Isidore school and a close friend and former colleague of Barrett. The Court did not provide an official reason for her recusal.
Speculation also surrounds Chief Justice John Roberts, who some believe sided with the Court’s liberal justices in the deadlock. Known for his strong past support of religious liberty, including authoring opinions defending the Free Exercise Clause of the First Amendment, Roberts’ apparent break from conservative colleagues could signal a shift in his judicial approach—especially amid heightened concern over perceived religious extremism on the Court following Donald Trump’s judicial appointments, WBAL TV 1 reported.
This case stands out as the first of its kind to reach the Supreme Court, with no previous rulings directly addressing religious charter schools. Had the Court ruled in favor of the funding, St. Isidore would have made history as the first religious charter school funded by taxpayer dollars. Despite the outcome, the ruling leaves the issue unresolved at the national level, creating room for future legal challenges and debates.
This ambiguity is particularly significant in the context of the current federal administration. As BBC reported, new Secretary of Education Linda McMahon has prioritized the expansion of charter schools—viewed by many conservatives as alternatives to public schools often criticized as “woke.” The unresolved status of the case leaves open the possibility of a future revote, especially if Justice Barrett were to participate and shift the balance.
In Oklahoma, reactions to the ruling have been sharply divided. KOCO News 5 reported that Governor Stitt denounced the ruling and hinted that a similar case would return to the Court, predicting that “Justice Barrett [will] break the tie.” In contrast, Attorney General Drummond hailed the outcome as a victory for constitutional principles. In a press statement, he described it as “a resounding victory for religious liberty and the foundational principles that have guided our nation since its founding.”
Although the current ruling ends the St. Isidore funding bid, it leaves the broader issue unsettled. Any future decision could have far-reaching consequences for the funding of religious charter schools and the ongoing national debate over the role of religion in public education.
