SCOTUS deadlocks on nation’s first religious charter school

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Oklahoma will not be able to launch the nation's first religious public charter school after the Supreme Court on Thursday deadlocked 4-4 in a major case on the separation of church and state.

The decision by the evenly divided court means that a ruling by the Oklahoma Supreme Court that said the proposal to launch St. Isidore of Seville Catholic Virtual School violates both the federal Constitution and state law remains in place.

As there was no majority, the court did not issue a written decision, and the case sets no nationwide precedent on the contentious legal question of whether religious schools must be able to participate in taxpayer-funded state charter school programs.

A key factor in the outcome was that conservative Justice Amy Coney Barrett, who would have been the deciding vote, did not participate in the case. She did not explain why, but it is likely because of her ties with Notre Dame Law School. The law school's religious liberty clinic represents the school.

St. Isidore would have operated online statewide with a remit to promote the Catholic faith.

The case highlights tensions within the Constitution's First Amendment; one provision, the Establishment Clause, prohibits state endorsement of religion or preference for one religion over another, while another, the Free Exercise Clause, bars religious discrimination.