Oklahoma student group Free To Learn gathers outside the U.S. Supreme Court in April ahead of oral arguments for religious charter school case. The Supreme Court tied 4-4 in the case, effectively blocking religious charters. (Shedrick Pelt for The Washington Post via Getty Images)

This story was originally published by Chalkbeat. Sign up for their newsletters at ckbe.at/newsletters

Sign up for Chalkbeat’s free weekly newsletter to keep up with how education is changing across the U.S.

Religious charter schools will continue to be illegal after the U.S. Supreme Court tied 4-4 in a case that many observers considered one of the most consequential education cases in decades.

The deadlock means an Oklahoma Supreme Court decision that blocked the opening of St. Isidore of Seville Catholic Virtual School stands. Many charter school advocates cheered the outcome. They had feared a ruling in favor of the proposed religious charter school would upend charter laws in dozens of states and potentially lead to new restrictions on the sector.

Supporters of St. Isidore had argued that charter schools, which are publicly funded but independently run, are more like private entities that contract with the government — and not allowing for explicitly religious charter schools would amount to religious discrimination.

But charter sector advocates have long held that they are public schools and state laws describe them as such.

“Today’s decision from the Supreme Court leaves the lower Court’s ruling in place and sends an important message: public charter schools are just that, public,” Starlee Coleman, president and CEO of the National Alliance for Public Charter Schools, said in a statement. “This case may not be the last time the Court takes up the question of religious charter schools, but today’s outcome offers clarity for families and educators.”

The Supreme Court decision provided no arguments on either side and did not say which justices took which side. Of the conservative justices, Chief Justice John Roberts seemed the most skeptical during oral arguments last month about the case being made for religious charter schools.

Justice Amy Coney Barrett recused herself from the case, setting the stage for the tie decision. She is close personal friends with Notre Dame law professor Nicole Stelle Garnett, who advised St. Isidore and authored an influential brief in favor of religious charter schools.

“Public schools remain public. That’s the headline,” said University of South Carolina law professor Derek Black. “This threatened to be the most consequential school case since Brown v. Board. We can breathe a sigh of relief and see if another case comes up.”

This is a developing story.

Erica Meltzer is Chalkbeat’s national editor based in Colorado. Contact Erica atemeltzer@chalkbeat.org. Chalkbeat is a nonprofit news site covering educational change in public schools.

Erica Meltzer, Chalkbeat

Get EdNews in your inbox

Weekly round up every Friday