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Supreme Court Upholds Block on Nation’s First Religious Charter School in 4-4 Vote – Amy Coney Barrett Recuses

May 22, 2025

The US Supreme Court on Thursday upheld Oklahoma’s decision to block the nation’s first religious charter school.

Justice Amy Coney Barrett recused herself from the case so the high court was evenly divided in a 4-4 vote.

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

At issue was Oklahoma’s effort to create an online Catholic charter school.

If the Supreme Court ruled in favor of St. Isadore of Seville Catholic Virtual School, taxpayer money would have been used to fund ‘religious education.’

Last month, Solicitor General John Sauer argued in support of St. Isadore during oral arguments.

“U.S. Solicitor General John Sauer said if there were a requirement to teach evolution and a school rejected it, there would be no opt-out for the school. The state would argue a compelling interest in teaching the subject and the court would have to assess it, he said,” USA Today reported.

Oklahoma’s Attorney General Gentner Drummond argued against his state creating the country’s first taxpayer-funded religious public charter school.

Drummond argued that allowing St. Isadore school would threaten religious liberty.

During oral arguments last month, Justice Kavanaugh said excluding a Catholic charter school from Oklahoma’s state program seems like “rank discrimination against religion.”

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