With a tie result, the high court upholds an Oklahoma Supreme Court ruling that found it was unconstitutional to give the school taxpayer money.
The U.S. Supreme Court on May 22 voted 4–4 to reject authorization for the nation’s first publicly funded religious charter school.
Justice Amy Coney Barrett recused herself and did not participate in the case known as Oklahoma Statewide Charter School Board v. Drummond. The respondent is Gentner Drummond, Oklahoma’s attorney general.
The Supreme Court’s unsigned opinion consists of one sentence: “The judgment is affirmed by an equally divided Court.” No reasons for the ruling were provided.
As the vote resulted in a tie, under court rules, the lower court ruling being appealed is affirmed.
On June 25, 2024, the Oklahoma Supreme Court ruled against the school, ordering the school board to cancel the contract and finding that the school was a governmental entity.
The court determined that, since the school was deemed a state actor, denying it charter status did not violate the free exercise clause.
The state court also found that the school’s contract with the school board violated the Oklahoma Constitution’s prohibition against “using public money for the benefit or support of any religious institution.”
This is a developing story and will be updated.
