The Supreme Court on Thursday, in a deadlocked 4-4 ruling, said Oklahoma cannot create the nation’s first religious charter school funded directly with taxpayer dollars.
Justice Amy Coney Barrett did not take part in the decision, recusing from the case early on, presumably given her ties to the Notre Dame law clinic that supported the Catholic diocese, but she did not explain her decision not to take part.
The Supreme Court issued a one-line opinion upholding the Oklahoma Supreme Court’s ruling that taxpayer-funded religious schools would violate both the state and U.S. constitutions.
“The judgment is affirmed by an equally divided Court,” the Supreme Court wrote in an unsigned ruling so it is not known how each justice voted on the issue.
The court action leaves in place lower court rulings that said the arrangement would have violated the establishment clause of the First Amendment.
The U.S. Supreme Court is seen, April 7, 2025 in Washington.
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