WASHINGTON – The U.S. Supreme Court on Thursday declined to allow the establishment of the nation’s first religious charter school, marking a setback for advocates of expanding religious rights in education.
In a 4-4 split, the justices left in place a decision by the Oklahoma Supreme Court that found the proposed school, St. Isidore of Seville Virtual Charter School, would violate the U.S. Constitution’s Establishment Clause, which prohibits government endorsement of religion. The evenly divided vote means no national precedent was set.
Justice Amy Coney Barrett did not participate in the case. Although no official reason was provided, Barrett is known to be a close friend of a Notre Dame Law School professor who previously advised the Catholic Archdiocese of Oklahoma City, which was behind the charter school proposal.
The Court issued a one-sentence order announcing the deadlock, three weeks after hearing oral arguments. The brief decision did not disclose how each justice voted.
Despite the lack of a definitive ruling, some experts say the decision may influence future debates. Neal McCluskey, director of the Cato Institute’s Center for Educational Freedom, suggested the outcome indicates that religious education advocates may have more success pursuing private school choice programs rather than religious charter schools.
The case had been closely watched following a series of Supreme Court rulings in recent years that expanded public funding and support for religious schools.
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