WASHINGTON, D.C. – Today, the U.S. Supreme Court deadlocks in a 4-4 vote in Oklahoma Statewide Charter School Board v. Drummond. With no opinion from the Supreme Court, the opinion of the Oklahoma Supreme Court stands, which allowed the state to exclude a Catholic public charter school from public funding. The facts of this case are unique because it involves a public charter school that is operated by a Catholic order. This case does not affect or apply to school choice programs where vouchers go directly to parents who select the school of their choice, which can include religious schools. 

The Oklahoma Attorney General sought to stop the state’s charter school board from allowing an online Catholic school to become a charter school in order to receive publicly available education funds. In 2024, the Oklahoma Supreme Court previously ruled against the school, ordering the school board to cancel the contract. 

Today’s High Court’s unsigned opinion consists of one sentence: “The judgment is affirmed by an equally divided Court.”

Justice Amy Coney Barrett recused herself. According to the SCOTUS blog, “Barrett did not state why she did not participate in the case. But the charter school was represented at the Supreme Court by the religious liberty clinic at Notre Dame’s law school, where Barrett taught for 15 years before becoming a federal judge and later a justice. And Nicole Stelle Garnett, who is a law professor at Notre Dame and a leading advocate for allowing the use of public funds at religious schools, is a close friend of Barrett’s. Barrett is godmother to one of Garnett’s children.” 

Liberty Counsel filed an amicus brief on behalf of Covenant Journey Academy (CJA) to the U.S. Supreme Court in a case that considers whether a state may discriminate against a faith-based school by excluding it from state funding in a public charter school program simply because of its religious affiliation. CJA is an online, nationwide K-12 Christian school which holds that faith-based virtual schools have a right to be included in publicly available programs. 

In its amicus brief, Liberty Counsel stated that SCOTUS has long recognized that parents bear the primary responsibility for directing their children’s education – a fundamental right that must necessarily include the ability to choose a virtual school that accords with their values and meets their children’s needs. 

Liberty Counsel Founder and Chairman Mat Staver said, “School choice strengthens education, and the High Court had the chance once again to expand education choice to faith-based charter schools. Although this case is unique and will not directly affect school choice programs, I predict another similar case will make its way to the High Court where a full Court will side with the religious charter school.” 

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