Supreme Court Blocks Religious Charter School In Oklahoma

Topline

The Supreme Court ruled Thursday against a religious charter school in Oklahoma, upholding a court ruling saying public charter schools cannot be religious, a surprising ruling that breaks from the conservative-leaning court’s past willingness to support religion in schools.

The Supreme Court ruled 4-4 to uphold a court decision blocking a religious charter school.

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Key Facts

The Supreme Court split 4-4 in the case but decided to uphold the Oklahoma Supreme Court’s ruling, which found a Catholic charter school in the state violated state laws prohibiting using public money to support religious institutions.

Justice Amy Coney Barrett did not participate in the case, and did not give any reason for her recusal.

The case concerned St. Isidore of Seville, a virtual charter school explicitly tied to the Catholic Church, which states it “fully embraces” and “incorporates” the church’s teachings into its curriculum and would participate “in the evangelizing mission of the church.”

The school was affirmed by the state’s Charter School Board but then struck down in court, with the Oklahoma Supreme Court ruling that using taxpayer funding on the school would “constitute the use of state funds for the benefit and support of the Catholic church.”

The Supreme Court did not give any reasoning behind its ruling or note which justices voted on either side, only noting the Oklahoma Supreme Court’s ruling was “affirmed by an equally divided Court.”

The court’s decision to only uphold the Oklahoma ruling, rather than more clearly state that religious charter schools are unlawful, means that more legal challenges could still be brought in the future regarding religious charter schools in other states—which might have a better shot at succeeding, if Barrett is able to participate.

What To Watch For

The charter school case is one of several major religious rights cases the Supreme Court will be deciding before its term ends in June. Justices are also now deliberating on tax exemptions for religious charities, as a Catholic charity in Wisconsin is challenging the state’s decision to deny it an exemption from a state unemployment tax. The court is also weighing whether to allow parents to opt their children out of any classroom instruction regarding sexual orientation or gender identity on religious grounds.

News Peg

The Supreme Court’s ruling comes as the Trump administration has boosted funding for charter schools, in line with recent GOP policies that have prioritized “school choice” and charter schools over funding for traditional public schools. President Donald Trump signed an executive order in January directing the Education Department to prioritize school choice in its grant programs, claiming the typical “government-assigned education system has failed millions of parents, students, and teachers.” Education Secretary Linda McMahon then announced on May 16 that the Department of Education will provide an additional $60 million in funding for the Charter Schools Program in fiscal year 2025. The agency will also provide new grant opportunities in order to “showcase and share strategies that are helping innovative charter schools across the country succeed.” The emphasis on charter schools comes as the Trump administration is otherwise trying to scale back the federal government’s role in public education, as it seeks to abolish the Department of Education entirely.

Key Background

The Supreme Court’s ruling comes after the high court has recently been largely permissive to parties seeking greater religious rights, including in schools. Justices ruled in 2022 that Maine’s school tuition voucher can be used to pay for religious schools, for instance, also siding that year with a school football coach who was punished after praying on the field. The court has also recently expanded workplace accommodations for religion, let a Christian group fly a flag in front of Boston’s city hall and ruled in favor of a web designer opposed to creating websites for same-sex weddings, among other cases.