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By Gabe Whisnant
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Chief Justice John Roberts appears to hold the deciding vote in a closely watched Supreme Court case that could determine whether the nation's first publicly funded religious charter school is allowed to operate in Oklahoma.
Why It Matters
The case centers on St. Isidore of Seville Catholic Virtual School, a proposed K-12 charter school that openly states its mission to evangelize students in the Catholic faith. Charter schools are considered public institutions in Oklahoma and nearly every other state, meaning they must abide by state funding and oversight rules.
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Critics argue that allowing a religious charter school undermines the separation of church and state, while supporters claim it aligns with recent court decisions permitting public funds to support religious entities under the First Amendment's protections of religious freedom.
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What to Know
During more than two hours of oral arguments Wednesday, the justices split along familiar ideological lines—with four conservatives appearing to favor the school's case and three liberals siding with the Oklahoma Supreme Court's decision that blocked the school from opening, citing First Amendment concerns.
Roberts was the only justice whose vote seemed in doubt.
Justice Amy Coney Barrett recused herself without explanation, leaving the outcome potentially hinging on Roberts. Barrett, who formerly taught law at Notre Dame, is close friends with Professor Nicole Garnett, a prominent advocate for publicly funded religious charter schools.
If Roberts joins his conservative colleagues, the court could rule that publicly funded religious charter schools are constitutional, building on previous rulings that have eroded barriers between public funding and religious institutions. If he joins the liberals, the case will result in a 4-4 tie, leaving the Oklahoma Supreme Court's ruling intact—but without setting a nationwide precedent.
The controversy has also split Republican officials in Oklahoma: Gov. Kevin Stitt and Superintendent Ryan Walters support using public funds for religious education, while Attorney General Gentner Drummond has sued to block the St. Isidore school.
Opponents argue the school would divert resources from traditional public schools and set a precedent that could alter charter school laws nationwide. Supporters, including a coalition of Republican-led states and conservative legal groups, frame the issue as a matter of religious liberty and school choice.
What People Are Saying
Conservative Justice Brett Kavanaugh said Wednesday, "They're not asking for special treatment, not asking for favoritism. They're just saying, 'Don't treat us worse because we're religious."
Liberal Justice Elena Kagan said, "Charter schools are in every respect equivalent to regular public schools."
Greg Garre, the lawyer defending the Oklahoma decision, repeatedly urged the justices to consider the broad impact of a ruling for the school, "This is going to have a dramatic effect on charter schools across the country."
What Happens Next
The case comes to the Supreme Court amid a broader movement in conservative-led states to infuse religion into public education, including mandates to display the Ten Commandments in Louisiana classrooms and to place Bibles in Oklahoma schools.
Reporting by the Associated Press contributed to this story.
Update: 4/30/25, 4:37 p.m. ET: This article has been updated with additional information.
Update: 4/30/25, 6:27 p.m. ET: This article has been updated with additional information and remarks.
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