Constitutionality of Religious Charter Schools Still an Open Question

The United States Supreme Court, without discussion, upheld an Oklahoma State Supreme Court ruling barring the creation of a Catholic charter school on establishment grounds. 

After Justice Amy Coney Barrett recused herself, the remaining Justices were evenly split in their opinions which, under Supreme Court rules, means the decision under review stands. 

The proposed charter school’s curriculum was, reportedly, “infused” with religious teaching. It is nearly certain that the U.S. Supreme Court will have an opportunity to again consider whether religious schools could also be public charter schools. How the Court will answer that question in light of its recent rulings on free exercise of religion is unknown.

Supreme Court deadlock leaves in place ruling blocking nation’s first religious charter school

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