On April 30, 2025, the Supreme Court of the United States (“SCOTUS”) heard oral arguments in the consolidated cases of Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond.
Then on May 22, 2025, the deadlocked SCOTUS rejected St. Isidore’s efforts to become the nation’s first religious charter school.
Facts in the Case
St. Isidore of Seville Catholic Virtual School (“St. Isidore”) entered into a contract with the Oklahoma Statewide Virtual Charter School Board (“Charter School Board”), intending to operate as a catholic virtual charter school.
Through this contract, the Charter School Board recognized the religious rights and entitlements of St. Isidore. Further, St. Isidore would begin receiving State funding and enrolling students.
Shortly thereafter, the Oklahoma Attorney General, Gentner Drummond, filed an action against the Charter School Board, attempting to invalidate its contract with St. Isidore.
Arguing that the contract violates the Oklahoma Constitution, Oklahoma Charter Schools Act, and the Establishment Clause of the United States Constitution, the State requested a writ of mandamus to rescind the contract on the basis that public funds cannot be used for a religious institution.
Procedural History
At the State-level, the Supreme Court of Oklahoma ruled against the Charter School Board and St. Isidore, finding that the contract violated State and Federal law.
The Charter School Board and St. Isidore petitioned SCOTUS for review, which was granted.
Questions Presented
Tasked with addressing the constitutionality of a state-approved religious charter school—St. Isidore—SCOTUS was presented the following questions:
1. Whether the academic and pedagogical choices of a privately-owned and -run school constitute State action simply because it contracts with the State to offer a free educational option for interested students.
2. Whether a State (i.e., Oklahoma) violates the Free Exercise Clause by excluding privately-run religious schools from the State’s charter-school program solely because the schools are religious, or whether a State can justify such an exclusion by invoking anti-establishment interests that go further than the Establishment Clause requires.
A Deadlocked Court
Justice Amy Coney Barrett recused herself from the case, leaving the remaining eight (8) Justices evenly divided. Because SCOTUS was divided, it affirmed the lower court’s ruling against the Charter School Board and St. Isidore.
Bottom Line For Schools
For now, the Oklahoma Supreme Court’s decision remains binding in Oklahoma only. At least for now, school districts can exclude charter schools and charter school applicants with religious ties or curriculum.
However, if the question appears before the Supreme Court again, the outcome may change.
