by Jorge Gomez • 3 minutes
The nation’s first publicly funded religious charter school has been blocked, following a split decision from the U.S. Supreme Court.
On Thursday, the Court issued a 4-4 decision without an opinion. The nation’s highest court affirmed a ruling from the Oklahoma Supreme Court, which disallowed St. Isidore of Seville Catholic Virtual School.
St. Isidore was excluded from receiving publicly available benefits simply because of its religious character. Oklahoma’s Charter School Board approved St. Isidore to participate in the state’s network of independently designed and privately operated charter schools. But the Oklahoma Supreme Court ruled that a publicly-funded religious charter school is unconstitutional.
The U.S. Supreme Court issued a one-sentence statement upholding the lower court’s decision, saying only: “The judgment is affirmed by an equally divided Court.”
Only eight of the Court’s nine justices heard the case. Justice Amy Coney Barrett recused herself. Barret is a former law professor at Notre Dame. The law school’s Religious Liberty Clinic represented St. Isidore.
First Liberty and the law firms Gibson Dunn and Spencer Fane filed a friend-of-the-court brief supporting the school’s inclusion in the state’s program. First Liberty represents Oklahoma Superintendent of Public Instruction Ryan Walters, the State Board of Education and the State Department of Education.
“We are disappointed, but the result of this 4-4 decision with no opinion is that the fight against religious bigotry will continue in Oklahoma and across the country,” said Hiram Sasser, Executive General Counsel for First Liberty. “We will not stop until we can bring an end to religious discrimination in education.”
“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 disappointing outcome, but there is a silver lining. The Court did not issue an opinion, nor was there a majority of the Court that decided either way, which means that a bad precedent was not set. On the contrary, this ruling allows for litigating this issue in the future.
What’s more, the ruling only applies in Oklahoma and does not affect the issue of religious charter schools nationwide. In other words, religious schools in other states are still eligible to apply for and receive public funding on an equal basis as secular organizations.
The Fight to Protect Religious Education is Far from Over.
This week’s result means there will be more legal battles ahead to ensure the government treats faith-based organizations fairly and the same as everyone else.
In recent years, the Supreme Court has told states three separate times that their practice of excluding religious organizations from public benefits is “odious” to the Constitution. Those cases include Trinity Lutheran Church v. Comer, Espinoza v. Montana Department of Revenue, and Carson v. Makin—First Liberty’s Treat Children Fairly case.
The Supreme Court’s landmark ruling in Carson made clear that states cannot discriminate in student-aid programs against parents who send their children to religious schools. That decision also ensured fairness in how the government treats all religious schools and organizations.
Even so, many lower courts still have not fully or faithfully applied the binding precedents set by the nation’s highest court.
Our Supreme Court victories opened doors of opportunity and restored religious liberty to millions of Americans. But opponents of religious liberty are relentless.
No matter how many times they get schooled on the Constitution, some refuse to follow the Supreme Court’s direction. Every effort to advance religious liberty is being met with resistance and lawsuits.
First Liberty is fighting dozens of cases involving religious schools, as well as multiple other fronts, to make sure that the victories we secured can continue to have impact—and that means we need your continued support.
Please give to First Liberty today. Your gift is essential in this fight—it’s the difference maker that will help us win more cases and secure the blessings of liberty for our children and grandchildren.
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