On May 22, 2025, SCOTUS released an unsigned order containing a single sentence indicating that the Court had deadlocked on St. Isidore v. Oklahoma. The 4 to 4 split leaves the Oklahoma Supreme Court's decision in place, which had ruled that it was unconstitutional for a public charter school that received taxpayer funding to impose a Catholic doctrine on its students, teachers, and staff.
While hailed as a victory for proponents of public education and the separation of church and state, the recusal of Supreme Court Justice Amy Coney Barrett might well have kept the lower court's ruling from being overturned. For now, it stands as a somewhat unexpected outcome.
The Patron Saint of What?
In 2023, St. Isidore of Seville Catholic Virtual School applied to the Oklahoma Virtual Charter School Board. The proposed school, intended for students in rural areas of Oklahoma, claimed the right to use a strict Catholic doctrine in its teachings, hirings, admissions, and discipline. When the Board approved the charter, it became the first religious public school that would be taxpayer-funded.
While several civil rights organizations, including the ACLU, filed suit to address the violations of state and federal law, it was a lawsuit by the Oklahoma Attorney General Gentner Drummond, a Republican, that the Oklahoma Supreme Court heard in 2024. The court ruled against St. Isidore.
Charter schools receive taxpayer funding and thus are government entities. Public schools are required to be non-sectarian. While this doesn't mean that students can't learn about religions, it forbids administrative decisions being based on any particular type of worship. For example, St. Isidore would have been able to deny employment to qualified gay applicants due to Catholic doctrine, which would otherwise be a violation of federal law.
What the Decision Means and Doesn't Mean
Operating under a theologically-based administration using taxpayer funds runs the risk of violating the separation of church and state covered by the First Amendment.
Given SCOTUS' recent decisions regarding religious freedom, however, and some of the similar rulings it has made over the past decade, the outcome wasn't certain. During arguments, questions from the Court seemed to indicate that Justices Alito, Thomas, Gorsuch, and Kavanaugh were open to the idea of overturning the lower court's ruling, while Justices Sotomayor, Jackson, and Kagan were firmly in the camp of affirmation.
The inquiries of Chief Justice John Roberts gave the feeling he was undecided at the time. Since the ruling didn't identify how the individual Justices voted, it's only speculation that Roberts is the one who sided with the liberal Justices in upholding the decision.
The 4-4 split was made possible by the recusal of Justice Barrett. Although the justices do not need to specify the reasons for their recusal, it could have been because a Notre Dame Law School clinic previously represented St. Isidore. Justice Barrett taught at Notre Dame for 15 years.
Without a majority decision, no national precedent was set for ruling on religious schools operating with taxpayer funds. It's likely further attempts will be made to bring a similar case before the full U.S. Supreme Court.
Related Resources
- Religion at Schools (FindLaw's Students' Rights)
- Supreme Court Jurisdiction Under the Constitution (FindLaw's U.S. Constitution)
- How To Read a Supreme Court Decision (FindLaw's Litigation and Appeals)
