On Thursday, May 22, 2025, MSNBC reported that U.S. Supreme Court Justice Amy Coney Barrett recused herself from a case involving an appeal to establish the nation’s first publicly funded religious charter school, St. Isidore of Seville Catholic Virtual School in Oklahoma.
The recusal led to a 4-4 split among the eight participating justices, affirming an Oklahoma state court ruling that blocked the school’s approval. The tie upheld the state court’s decision that charter schools, as public entities under Oklahoma law, must remain nonsectarian, preventing St. Isidore from incorporating Catholic teachings into its state-funded curriculum.
Barrett, appointed to the Supreme Court by President Donald Trump in 2020, did not provide a reason for her recusal, as is customary for justices. Her absence from the case meant the school needed five votes from the remaining eight justices to overturn the state court’s ruling. The Supreme Court issued no detailed opinion, only noting the deadlock and Barrett’s non-participation. The ruling maintained the status quo, keeping Oklahoma’s prohibition on sectarian control of public schools intact.
The case stemmed from a challenge by St. Isidore and Oklahoma’s state charter board, which argued that the school, as a private entity, should be exempt from the state’s nonsectarian requirement despite receiving public funds. They cited First Amendment protections, pointing to recent Supreme Court decisions favoring religious claims. However, Oklahoma’s Supreme Court had ruled that charter schools are public institutions under state law and must not promote specific religious teachings, a decision that also aligned with state and federal constitutional provisions.
Oklahoma’s Republican Governor Kevin Stitt expressed optimism that a similar case could return to the Supreme Court, predicting that Barrett’s participation might shift the outcome in favor of religious charter schools. Meanwhile, Oklahoma Attorney General Gentner Drummond, also a Republican, had argued before the court that approving the school could disrupt funding for thousands of charter schools nationwide, creating significant administrative challenges.
During the April 30, 2025, hearing, Justice Brett Kavanaugh, another Trump appointee, questioned whether excluding religious institutions from public programs constituted discrimination against religion. In contrast, Justice Sonia Sotomayor, appointed by President Barack Obama, emphasized that funding religious education could violate the First Amendment’s Establishment Clause, which prohibits government support for religious institutions.
The Supreme Court’s tie decision drew varied responses. Drummond stated that the outcome protected Oklahoma from funding schools with extreme ideologies, while also pledging to defend religious liberty. The Trump administration had supported St. Isidore’s position.
Barrett’s absence left the court evenly divided, with the split suggesting that one Republican-appointed justice joined the court’s three Democratic-appointed justices to uphold the state ruling.
The issue may resurface in a future case where Barrett could participate, potentially altering the outcome. For now, Oklahoma’s charter schools remain bound by the state’s nonsectarian requirements, and the debate over public funding for religious education continues to unfold.
Source: MSNBC
