Today, the Supreme Court of the United States issued a 4-4 per curium opinion in St. Isidore v. Drummond, a case involving the Oklahoma Charter School Board’s approval of St. Isidore of Seville Catholic Virtual School for inclusion as a charter-school. First Liberty Institute represents Oklahoma Superintendent of Public Instruction Ryan Walters, the State Board of Education, and the State Department of 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.”

“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.”

Alliance Defending Freedom Chief Legal Counsel Jim Campbell regarding the split decision leaves in place an Oklahoma Supreme Court (selected by the Judicial Nominating Committee) decision overriding the charter school board’s approval of St. Isidore of Seville Catholic Virtual School to participate in its charter school program simply because it is religious:

“Oklahoma parents and children are better off with more educational choices, not fewer. While the Supreme Court’s order is disappointing for educational freedom, the 4-4 decision does not set precedent, allowing the court to revisit this issue in the future. The U.S. Supreme Court has been clear that when the government creates programs and invites groups to participate, it can’t single out religious groups for exclusion, and we will continue our work to protect this vital freedom for parents and students. We remain proud of our clients, the Oklahoma Statewide Charter School Board, and their brave stand for educational freedom.”

Oklahoma Attorney General and announced candidate for governor, Gentner Drummond today issued a statement on the decision writing, “The Supreme Court’s decision represents a resounding victory for religious liberty and for the foundational principles that have guided our nation since its founding. This ruling ensures that Oklahoma taxpayers will not be forced to fund radical Islamic schools, while protecting the religious rights of families to choose any school they wish for their children.

“I have always maintained that we must faithfully uphold the Constitution, even when it requires us to make difficult decisions. I will continue upholding the law, protecting our Christian values, and defending religious liberty—regardless of how difficult the battle may be.”

Tulsa Today ran an analysis January 27 by Jared Buswell that posed several compelling issues for consideration.

• Does the First Amendment require states to never allow public funds to support charter schools run by religiously-affiliated organizations, or does it require states to not prohibit the religious activity of organizations that meet all state requirements to provide schools?
• Are private organizations that operate a charter school a “state actor” required to abide by all legal and constitutional restraints that government entities have to follow?
• If the US Supreme Court upholds that all charter schools are state actors because they receive public funds, then will most charter schools in the US have to change (or cease) their operations, policies, and employment to match all requirements of state actors?
• If charter schools are state actors (as the Oklahoma Supreme Court ruled last June), then will they have to be funded like traditional public schools? (In OK, traditional public schools receive approximately $14,000+ per student, but charter schools receive approximately $6,000 per student. Private schools in OK charge an average of $8,145 tuition per year. Source.)
• If states are allowed to discriminate against religious organizations from providing public benefits solely because they are religious, then which other contracted services from orphan care to immigration services must also be prohibited? (This case affects more than just education.)
• If St. Isidore Virtual Charter School is upheld to be constitutional, which Oklahoma laws and/or constitutional clauses will be struck as incompatible with the US Constitution?

Buswell is Vice Chair of the Oklahoma Statewide Charter School Board and listed on page 4 of the petition for a writ of certiorari. You can read the petition here.