Oklahoma Religious Charter School: U.S. Supreme Court deadlocks, rejecting state-funded schools

The U.S. Supreme Court has issued a 4-4 tie in the case involving Oklahoma's push to fund a Catholic charter school.

The deadlock means the lower court’s ruling stands.

Oklahoma's Supreme Court previously blocked the effort, saying charter schools are public schools under state law and must remain non-sectarian.

STATEMENT FROM OKLAHOMA GOV. KEVIN STITT

"This 4-4 tie is a non-decision. Now we’re in overtime. There will be another case just like this one and Justice Barrett will break the tie. This is far from a settled issue. We are going to keep fighting for parents’ rights to instill their values in their children and against religious discrimination."

Oklahoma State Supt. Ryan Walters' statement:

“Allowing the exclusion of religious schools from our charter school program in the name of 19th century religious bigotry is wrong,” said Superintendent Walters. “As state superintendent, I will always stand with parents and families in opposition to religious discrimination and fight until all children in Oklahoma are free to choose the school that serves them best, religious or otherwise.

This is a developing story; it will be updated.

---

The case, St. Isidore of Seville Catholic Virtual School v. Drummond, follows a 2023 decision by the Oklahoma Charter School Board to approve the religious school and a 2024 ruling by the Oklahoma Supreme Court that it violated state law. News On 6 Washington Bureau Chief Alex Cameron will be at the high court and joined anchor Dave Davis to preview what’s at stake:

Case History: From Approval to the U.S. Supreme Court

Dave Davis: Good morning, Alex. Dave, how are you?

Alex Cameron: Well, I’m doing well. You know, this case it’s been moving through the courts since the Oklahoma Charter School Board approved St. Isidore of Seville Catholic Charter in 2023. And then, in 2024, last year, it was ruled unconstitutional.

Davis: So, tell us about kind of the journey that it’s been on and where we’re going with this case.

Cameron: Well, I mean, this is sort of the final stop. You know, that gets to the... the St. Isidore folks and the charter school board both petitioned the Supreme Court to take up this case. The attorney general argued that it should not be taken up. But the high court did agree to review it, and oral arguments are set for tomorrow. So, you know, they were originally two different petitions filed, but they’ve been combined into one case, Saint Isidore v. Drummond, and that goes before the Supreme Court tomorrow.

And so I expect all the major players are going to be there. I actually spoke with General Drummond just a short time ago about the case.

National Implications for Religious Charter Schools

Cameron: But really, you know, what hangs in the balance, I guess, is the future of religious charter schools in the United States, not just Oklahoma, because 45 states and the District of Columbia have charter school laws very similar to Oklahoma’s.

So if the Supreme Court were to rule in favor of Saint Isidore and allow state funding to be used to support a religious charter school, a religious public school, then it would open the door to the same sort of thing in states across the country and would begin to blur this line between state endorsement of religion.

And that’s really what this comes down to is this argument: Is St. Isidore a private institution or is it public? And so that’s what we’ll be listening for the justices and their questioning tomorrow to see where they come down. Because Oklahoma law is very clear that public dollars can’t be used, taxpayer dollars can’t be used, to support any religious sect.

And so if indeed this is a public school, then that would violate Oklahoma law for tax dollars to be used to support it, to, in a sense, endorse this particular religion over others.

Attorney General Drummond’s Outlook on the Case

Davis: What is the sense that Attorney General Drummond, what are you getting from him in terms of how he’s feeling? Obviously, his name is on the case.

Cameron: I think he feels relatively confident that the court will side with him on this. But, you know, we’ll see. There are...certainly this court has made some decisions in the last recent years that have shown that it supports, you know, religion and religion in the public sector.

The question is, though... You know, in this case, would this be showing state support, government support for a particular religion, and violate the Establishment Clause? Because that’s what the founders were so clear about not wanting to do was to force a specific religion on people.

And so that’s the concern here. And General Drummond seems to be very confident that the court will be on his side with this.

The Story So Far: How a Catholic charter school in Oklahoma landed before the U.S. Supreme Court

4/30/2025: Supreme Court hears potential landmark religious charter school case: What it could mean for Oklahoma

4/29/2025: AG Drummond stands firm against taxpayer-funded religious school ahead of Supreme Court case

4/7/2025: Oklahoma faith leaders, parents Urge U.S. Supreme Court to block religious charter school

4/3/2025: U.S. Supreme Court to weigh in on Oklahoma religious charter school

3/31/2025: Oklahoma's proposed state-funded Catholic school violates U.S. Constitution, says A.G. Drummond

3/31/2025: What's in Governor Stitt's executive order defending religious liberty in Oklahoma

3/31/2025: Oklahoma religious charter school receives support from Gov. Stitt, dozens more

2/24/2025: US Supreme Court sets date to hear case on St. Isidore; First publicly-funded religious charter school

1/24/2025: Supreme Court to review case for US’s first publicly funded religious charter school in Oklahoma

8/12/2024: St. Isidore Charter School's Contract With The State Canceled

6/28/2024: Oklahoma Supreme Court Blocks Opening of Religious Charter School, St. Isidore Delays Launch

6/25/2024: 'Unconstitutional:' Oklahoma Supreme Court's Ruling On St. Isidore

6/5/24: Lawsuit Against Public Religious Charter School Continues With 1 Claim Dismissed

10/20/23: Oklahoma Attorney General Says Approval Of Religious Charter School Goes Against State Constitution

10/17/2023: Oklahoma Officials Clash over Publicly Funded Religious Charter School

6/6/2023: Oklahoma’s Religious Charter School Approval Garnering Legal Pushback

6/5/2023: Oklahoma Board Approves 1st Religious Charter School In U.S. With 3-2 Vote

4/11/2023: Oklahoma School Board Votes Against Publicly Funded Religious Charter School