A deadlocked Supreme Court on Thursday blocked the creation of the nation’s first publicly funded religious charter school, but some lawmakers say this isn’t where the fight ends.
The court was split 4-4, with conservative Justice Amy Coney Barrett recusing, allowing an earlier ruling from the Oklahoma Supreme Court to stand. The case, Oklahoma Statewide Charter School Board v. Drummond, split Republicans over the separation of church and state and religious freedom. It will also likely be a major issue in Oklahoma’s gubernatorial race next year.
Oklahoma Attorney General Gentner Drummond — who has announced a run for governor — has been at the forefront of the opposition to the establishment of St. Isidore of Seville Catholic Virtual School, suing over it in 2023. Drummond told NOTUS in an interview on Friday he feels “very relieved for our constitutional integrity” and is “pleased” about no further invasion into the boundary between church and state.
“My conservative colleagues fail to grasp that to rule otherwise would be exactly the criticism that we lay at the feet of liberal justices,” Drummond said. “We call them activist judges, that rule from the bench and modify established law.”
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Drummond said that in Oklahoma, “there’s not a path forward” for religious charter schools, as this ruling “settled” the matter. But a similar case from another state, with a school run by a different church, could result in a different court outcome. Justice Barrett did not say why she recused herself from the case, but CNN reported she had ties to several lawyers representing the school. The deadlock meant no precedent was set, and the Supreme Court could take up another case involving a religious charter school in the future, potentially without the same kind of conflict.
After the ruling, Drummond directed “condolences” on social media to Gov. Kevin Stitt and Ryan Walters, the superintendent of Oklahoma schools. Stitt and Walters have both voiced strong support for the school and filed amicus briefs to the Supreme Court. Walters is a rumored candidate for Oklahoma’s 2026 governor’s race as well, which would put him in a primary against Drummond.
Stitt called the ruling a “nondecision.”
“Now we’re in overtime,” Stitt said in a statement. “There will be another case just like this one and Justice Barrett will break the tie. This is far from a settled issue. We are going to keep fighting for parents’ rights to instill their values in their children and against religious discrimination.”
Walters has long jockeyed for a position in MAGA world and has openly advocated bringing down walls between church and state. He said the ruling was “really unfortunate” on NewsNation, adding that “the only winners here are satanists, atheists and our Attorney General Gentner Drummond.”
“But here’s where we go from here: We’re going to be the state that brings it back up. We’re going to continue fighting for parents to have these opportunities,” Walters said.
The case had caught the attention of several national lawmakers, with Oklahoma Sen. James Lankford in March signing on to an amicus brief in support of the school. Lankford called the ruling a “disappointment” in a statement to NOTUS.
“But it’s not the final word,” Lankford said.
“The Supreme Court has previously made clear that when states offer public programs, they can’t discriminate against religious participants,” he continued. “Families in Oklahoma deserve educational options that reflect their values, and that includes faith-based schools. I’m proud to stand with the Oklahoma Statewide Charter School Board in continuing to defend equal treatment under the law.”
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Em Luetkemeyer is a NOTUS reporter and an Allbritton Journalism Institute fellow.
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