Supreme Court Stalemate Blocks Religious Charter School in Blow to Church-State Merger Agenda

MAGA World Outraged as Amy Coney Barrett Abstains from Religious Charter School Case, Resulting in Supreme Court Deadlock

Conservatives and Christian nationalists are expressing outrage after Supreme Court Justice Amy Coney Barrett declined to participate in a pivotal case concerning the nation's first religious charter public school, resulting in a 4-4 tie.

The deadlock means that the Oklahoma Supreme Court’s earlier ruling will stand. That ruling held that the establishment of the St. Isidore of Seville Catholic Virtual School would violate both the U.S. Constitution and Oklahoma state law.

The proposed online school, which would have operated statewide, intended to incorporate Catholic teachings into its publicly funded curriculum — a move critics argue would have directly violated the principle of separation of church and state.

Because the decision came through a tie rather than a majority, the U.S. Supreme Court will not release a full written opinion and the case does not establish a binding national precedent. As a result, the broader question of whether religious institutions can operate as state-funded charter schools remains unresolved.

Justice Barrett did not provide a reason for her recusal, but reporting from NBC News suggests it may be related to her affiliation with Notre Dame Law School. The university’s religious liberty clinic is currently representing the Catholic school.

Oklahoma Attorney General Gentner Drummond, who challenged the school’s approval, praised the outcome as “a resounding victory for religious liberty,” arguing that it preserves the use of taxpayer dollars for secular public education rather than specific religious instruction.

Rachel Laser, president of Americans United for Separation of Church and State — an organization that also filed a legal challenge — called for renewed commitment to the constitutional separation of church and state. “We will continue our efforts to protect inclusive public education,” Laser said. “We call on this nation to recommit to church-state separation before this safeguard of democracy and freedom is further attacked.”