Divided Supreme Court strikes down creation of first religious charter school

The justices of the Supreme Court voted 4-4 Thursday in the case of the country's first religious charter school. The tie leaves in place an Oklahoma Supreme Court ruling that invalidated a state contract to open the St. Isidore of Seville Catholic Virtual School.

That state court was less hesitant: with seven votes to one it ruled that funding a religious educational institution with public money violated both local and federal law.

The justices then affirmed that the school would have violated the Establishment Clause of the First Amendment, which prohibits the state from endorsing or showing preference for one religion over others. Those advocating in favor of the Catholic institution appealed to the religious freedom guaranteed in the Free Practice Clause.

SCOTUS did not explain its decision. The absence of Amy Coney Barrett, who recused herself due to conflicts of interest, may have deprived the court of a deciding vote. It is believed, therefore, that one of the five conservative justices voted with the three Democratic presidential appointees.

With the tie, however, the status quo is maintained: public schools, even charter schools, cannot favor a religion in their curriculum. Religious institutions can receive vouchers from public funds, though.

Cheers, boos and waiting for the next battle

Oklahoma Attorney General Gentner Drummond celebrated the ruling as a "resounding victory for religious liberty." Crossing sides, the Republican opposed the party's majority position, claiming that the creation of the school would infringe on freedom.

In addition, Drummond claims the rule would force taxpayers to fund "radical Islamic schools." "I have always maintained that we must faithfully uphold the Constitution, even when it requires us to make difficult decisions," he said in a statement.

Quite different was the reaction of Gov. Kevin Stitt: "This 4-4 tie is a non-decision." He also noted that by not ruling for or against, the Supreme Court did not set a precedent, so it could re-deliberate the same principles in another case, in which "Justice Barrett will break the tie."

"We are going to keep fighting for parents' rights to instill their values in their children and against religious discrimination," he vowed.

The Alliance Defending Freedom (ADF), which defended the school in court, was also hopeful that the court will deliberate the matter again in the future.

"Oklahoma parents and children are better off with more educational choices, not fewer," she said after learning of the outcome, vowing to continue working to ensure that the government cannot exclude religious groups.