From CBS News:
An evenly divided Supreme Court on Thursday upheld a lower court decision that invalidated a contract approved by the Oklahoma Statewide Charter School Board that established the nation’s first religious charter school, blocking the effort in a closely watched case that posed a test for the separation of church and state.
The high court split 4-4, which leaves in place the decision of the Oklahoma Supreme Court. Justice Amy Coney Barrett did not participate in the case. The high court issued a one line, unsigned decision stating “the judgment is affirmed by an equally divided court.”
Argued at the end of April, the legal fight could have opened the door to public dollars flowing directly to religious schools. But following the arguments, it appeared that the outcome of the case would hinge on Chief Justice John Roberts, who focused on the level of state involvement in its charter school program. The issue of whether religious institutions must be permitted to participate in state charter school systems is likely to land before the Supreme Court again in a case likely to involve all nine justices.
The legal battle over the attempt to create St. Isidore of Seville Catholic Virtual School in Oklahoma came on the heels of a trio of recent rulings in which the Supreme Court sided with religious families and institutions challenging state-funded programs for excluding religious beneficiaries as violating the First Amendment’s Free Exercise Clause.
