An equally divided United States Supreme Court has affirmed an Oklahoma Supreme Court ruling against the creation of what would have been the first taxpayer-funded religious charter school.
In a brief per curiam opinion released Thursday morning, the high court ruled 4-4 to affirm the state Supreme Court ruling against the establishment of St. Isidore of Seville Catholic Virtual School.
Justice Amy Coney Barrett did not participate in the case, as she had recused herself, reportedly due to having close personal ties to Nicole Stelle Garnett, a professor who was an early adviser for St. Isidore.
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Republican Oklahoma Attorney General Gentner Drummond, who filed a complaint against the initial approval of the religious charter school, celebrated the decision.
“The Supreme Court has ruled in favor of my position that we should not allow taxpayer funding of radical Islamic schools here in Oklahoma,” he tweeted shortly after the decision was released.
“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.”
In June 2023, the Oklahoma Statewide Virtual Charter School Board voted 3-2 to approve the creation of St. Isidore, which would be jointly overseen by the Roman Catholic Archdiocese of Oklahoma City and the Catholic Diocese of Tulsa.
However, progressive groups and Drummond both objected to the taxpayer-funded religious charter school, with Drummond filing a complaint against the board in October 2023 and the liberal groups also filing a lawsuit in July 2023.
In June of last year, the Oklahoma Supreme Court ruled 7-1 against the religious charter school, with the majority concluding that the approval of the Catholic entity violated the state constitution.
Although the charter school board unanimously voted to rescind the contract for St. Isidore per an order from the state Supreme Court, they also filed an appeal with the U.S. Supreme Court.
In January, the U.S. Supreme Court agreed to hear the combined cases of Oklahoma Charter School Board, et al. v. Drummond, Attorney General of Oklahoma and St. Isidore of Seville School v. Drummond, Attorney General of Oklahoma. Oral arguments were held last month.
Alliance Defending Freedom Chief Legal Counsel Jim Campbell argued on behalf of the charter school, telling the Supreme Court that “when a state creates a public program and invites private actors, it can’t exclude people or groups because they’re religious.”
“The Oklahoma Statewide Charter School Board is committed to this principle of religious neutrality,” said Campbell. “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.”
Gregory Garre represented Drummond, and argued before the high court last month that “charter schools are public schools” and thus have to be considered state actors that can be held to the same curricular standards as government schools.
“Teaching religion as truth in public schools is not allowed,” he said. “St. Isidore has made clear that that’s exactly what it wants to do in infusing its school day with the teachings of Jesus Christ.”
“Oklahoma respects and promotes through vouchers and other means the abilities of families to secure such an education in a private school.”
