AP – The U.S. Supreme Court put an end to a taxpayer-funded Catholic school in Oklahoma, dividing 4-4 in a closely watched case that could have resulted in the creation of the nation’s first religious charter school.
The outcome keeps in place an Oklahoma court decision that invalidated a vote by a state charter school board to approve the St. Isidore of Seville Catholic Virtual School.
Only eight of the nine justices took part in the case. Justice Amy Coney Barrett didn’t explain her recusal, but she is good friends and used to teach with Notre Dame law professor Nicole Garnett, who has been an adviser to the school.
Why It Matters
The Catholic Church in Oklahoma wanted taxpayers to fund the online charter school “faithful to the teachings of Jesus Christ.”
Opponents warned that allowing it would blur the constitutional separation of church and state, sap money from public schools and possibly upend the rules governing charter schools in almost every state.
What To Know
The case came to the court amid efforts, mainly in conservative-led states, to insert religion into public schools.
Those include a challenged Louisiana requirement that the Ten Commandments be posted in classrooms and a mandate from Oklahoma’s state schools superintendent that the Bible be placed in public school classrooms.
St. Isidore, a K-12 online school, had planned to start classes for its first 200 enrollees last fall, with part of its mission to evangelize its students in the Catholic faith.
A key unresolved issue is whether the school is public or private. Charter schools are deemed public in Oklahoma and the other 45 states and the District of Columbia where they operate. North Dakota recently enacted legislation allowing for charter schools.
They are free and open to all, receive state funding, abide by antidiscrimination laws and submit to oversight of curriculum and testing. But they are also run by independent boards that are not part of local public school systems.
What People Are Saying
Oklahoma Attorney General Gentner Drummond, in a Facebook post: “The Supreme Court has ruled in favor of my position that we should not allow taxpayer funding of radical Islamic schools here in Oklahoma. I am proud to have fought against this potential cancer in our state, and I will continue upholding the law, protecting our Christian values and defending religious liberty.”
Brian Shellum, chair of the Oklahoma Statewide Charter School Board, told PBS NewsHour in early May: “We have an educational crisis and my opinion is that we need everybody to join in and help. I’m hopeful that we will be able to enlist those who are very capable, just like St. Isidore, to come to the table and say hey, let’s get the job done and provide better outcomes for the families of Oklahoma and the children of our future.”
Misty G. Smith, principal of St. Isidore: The Oklahoma Supreme Court decision was “very disappointing for the hundreds of prospective students and their families from across the state of Oklahoma who desired the educational experience and promise” of her school. The school and its supporters “remain steadfast in our belief that St. Isidore would have and could still be a valuable asset to students, regardless of socioeconomic, race or faith backgrounds.”
What Happens Next
The U.S. Supreme Court issued a one-sentence notice, and the issue remains unresolved nationally, so it could again appear before the courts.
This article uses reporting by The Associated Press.
