The Supreme Court is facing criticism from religious liberty and school choice advocates for failing to uphold the establishment of a Catholic charter in Oklahoma.
WASHINGTON, D.C. (LifeSiteNews) -- The U.S. Supreme Court (SCOTUS) has blocked the establishment of a Catholic charter school in Oklahoma after a tie vote.
On Thursday, the high court deadlocked 4-4 on Oklahoma Statewide Charter School Board v. Drummond. The ruling effectively upholds an Oklahoma Supreme Court decision last July asserting that the state's charter school board does not have constitutional authority to approve charter contracts for religious schools.
Justice Amy Coney Barrett had recused herself from the case and did not vote. The court's three liberal justices are presumed to have ruled against the school, meaning either Chief Justice John Roberts or one of the more conservative justices decided to join them.
"Barrett did not explain her recusal," said the Washington Post, "but it probably stemmed from her close ties to Notre Dame Law School and its religious liberties legal clinic, which played a prominent role in representing St. Isidore [of Seville Catholic Virtual School]."Jim Campbell, chief legal counsel for the Alliance Defending Freedom, decried the ruling as a defeat for school choice but noted that the Supreme Court could take up the issue again in the future.
"Oklahoma parents and children are better off with more educational choices, not fewer. While the Supreme Court’s order is disappointing for educational freedom, the 4-4 decision does not set precedent, allowing the court to revisit this issue in the future," said Campbell.
"The U.S. Supreme Court has been clear that when the government creates programs and invites groups to participate, it can’t single out religious groups for exclusion, and we will continue our work to protect this vital freedom for parents and students. We remain proud of our clients, the Oklahoma Statewide Charter School Board, and their brave stand for educational freedom," he added.
