The U.S. Supreme Court has upheld the Oklahoma Supreme Court’s decision to block a religious public charter school.

The justices’ vote was 4-4, meaning the court automatically affirms the lower court’s opinion. The Oklahoma Supreme Court’s decision only applies to the state, meaning the question of religious public charter schools could make its way back to the U.S. Supreme Court.

The high court on May 1 first heard arguments in the case that could dramatically shift the education system in America. The case centers around St. Isidore of Seville Catholic Virtual School and the state board that approved it against Oklahoma’s attorney general.

In June 2024, the Oklahoma Supreme Court ruled the contract for the school was unconstitutional. After that, St. Isidore and the Oklahoma Statewide Charter School Board went to the U.S. Supreme Court with the case.

The Alliance Defending Freedom represented the charter school board and said the case was important for two reasons: educational freedom and making sure the state doesn’t discriminate against faith groups.

In March 2025, Oklahoma Attorney General Gentner Drummond filed a brief explaining why the proposed taxpayer-funded religious public charter school is not required by the U.S. Constitution.

The brief said, in part:

“Oklahoma readily agrees that there is no categorial bar against public monies reaching (and funding) private religious schools, including for devotional instruction and ministry, through such parental choice programs. No one doubts that such an education can be profoundly valuable. But it is not one that States must provide in public schools.”

Within the brief, Drummond pointed out how a favorable ruling for St. Isidore would have consequences, including the possibility of religious institutions becoming subject to state regulation.

Conservative Justice Amy Coney Barrett recused herself from the case, leading to the tied decision. Barrett, who could have been the deciding vote, did not explain why she recused herself, but it is likely because of her ties with Notre Dame Law School, according to NBC News. The law school’s religious liberty clinic represents the school.

Oklahoma Gov. Kevin Stitt released a statement saying, “this 4-4 tie is a non-decision. Now we’re in overtime.”

“There will be another case just like this one and Justice Barrett will break the tie.

This is far from a settled issue.” Stitt said. “We are going to keep fighting for parents’ rights to instill their values in their children and against religious discrimination.”

Drummond said he is proud to have fought against this “potential cancer” in Oklahoma and will continue upholding the law and protecting Christian values.

Some say if religious public charter schools are ultimately allowed nationwide, there will be an increase in taxpayer-funded religious schools since 45 states plus Washington, D.C., have charter school systems.