On May 22, 2025, the U.S. Supreme Court reached a 4 to 4 deadlock in the case of Oklahoma Statewide Charter School Board v. Drummond, effectively upholding the Oklahoma Supreme Court's decision that barred public funding for St. Isidore of Seville Catholic Virtual School. This outcome prevents the establishment of the nation's first taxpayer-funded religious charter school and maintains the current legal stance that public charter schools must remain secular institutions.
In 2023, Oklahoma's Statewide Virtual Charter School Board approved a contract with St. Isidore, a Catholic virtual school intended to integrate religious teachings into its curriculum. The school, backed by the Archdiocese of Oklahoma City and the Diocese of Tulsa, aimed to provide education rooted in Catholic doctrine.
However, Oklahoma Attorney General Gentner Drummond challenged this approval, arguing that it violated both state and federal constitutional provisions by promoting a specific religion through public funding. The central legal debate focused on whether a state can fund a religious charter school without breaching the Establishment Clause of the First Amendment. Supporters of St. Isidore contended that excluding religious schools from public programs constituted discrimination against religious exercise.
They cited precedents like Carson v. Makin (2022), where the Court ruled that states cannot exclude religious schools from public benefit programs solely based on their religious character. Opponents, including AG Drummond, argued that charter schools are public entities and must adhere to constitutional requirements separating church and state.
They expressed concerns that allowing religious charter schools could lead to state endorsement of specific religious doctrines and potentially open the door to funding schools of various faiths, including those with controversial teachings.
During oral arguments, the justices appeared divided. Justices Thomas, Alito, Gorsuch and Kavanaugh seemed sympathetic to St. Isidore's position, while Justices Sotomayor, Kagan and Jackson expressed concerns about church-state separation. Chief Justice Roberts posed probing questions to both sides, indicating a nuanced view.
Justice Amy Coney Barrett recused herself from the case, reportedly due to her previous association with Notre Dame Law School, whose religious liberty clinic was involved in the case. The Supreme Court's tie leaves the Oklahoma Supreme Court's ruling intact but does not establish a nationwide precedent. This means that, for now, public charter schools must remain secular, but the legal question remains unresolved at the federal level.
The decision is seen as a temporary setback for advocates of expanding religious participation in public education. It underscores the ongoing tension between the Free Exercise and Establishment Clauses of the First Amendment.
Legal experts anticipate that similar cases will arise in the future, potentially leading the Supreme Court to revisit the issue with a full bench. While the current ruling halts the establishment of religious charter schools in Oklahoma, the broader debate continues.
Other states may attempt to introduce similar initiatives, leading to further legal challenges. The Supreme Court may eventually hear a case that allows it to set a definitive national precedent on the matter. In the meantime, the decision reinforces the principle that public charter schools are to remain secular, maintaining the status quo in the intersection of public education and religious freedom.