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Oklahoma Statewide Virtual Charter School Board v. Drummond

No. 24-394 SCOTUS · Decided SCOTUS
Cert Granted: Jan 24, 2025 Argued: Apr 30, 2025 Decided: May 22, 2025
📄 Read the Opinion


The Law · How the Case Works

Overview

Overview

Oklahoma's charter school board approved St. Isidore of Seville Catholic Virtual School, which would have been the first explicitly religious charter school in the country. The state attorney general challenged it, and the Oklahoma Supreme Court agreed the contract was unlawful because state law requires charter schools to be non-religious. The U.S. Supreme Court affirmed 4-4 in May 2025, with Justice Barrett recused, which means the Oklahoma court's ruling stands and St. Isidore won't open, but no national precedent was set because there was no majority. The question of whether states can or must fund religious charter schools remains completely open, waiting for a case the full court can actually decide.

The Conclusion

Conclusion

The Supreme Court affirmed 4-4 that Oklahoma can prohibit religious charter schools. The even split, caused by Justice Barrett's recusal, left no majority opinion and no national precedent on state funding of religious institutions.

The Record · 1 original document
Court -
FiledOct 9, 2024
CL Statusactive
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No circuit court data for this case.

Cert GrantedJan 24, 2025
Statusactive
Filed (CL)Oct 9, 2024
View on CourtListener →
SCOTUS TMR-3c58ce5e Aug 5, 2026

Summary

Oklahoma's charter school board approved St. Isidore of Seville Catholic Virtual School, which would have been the first explicitly religious charter school in the country. The state attorney general challenged it, and the Oklahoma Supreme Court agreed the contract was unlawful because state law requires charter schools to be non-religious. The U.S. Supreme Court affirmed 4-4 in May 2025, with Justice Barrett recused, which means the Oklahoma court's ruling stands and St. Isidore won't open, but no national precedent was set because there was no majority. The question of whether states can or must fund religious charter schools remains completely open, waiting for a case the full court can actually decide.

Conclusion

The Supreme Court affirmed 4-4 that Oklahoma can prohibit religious charter schools. The even split, caused by Justice Barrett's recusal, left no majority opinion and no national precedent on state funding of religious institutions.

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