Are religious charter schools constitutional? After deadlocked SCOTUS decision, another Oklahoma case is trying to find out

A new application for a religious charter school is stirring up far-reaching questions about the constitutionality of public aid to faith-based institutions.

By: Charles J. Russo, University of Dayton, The Conversation

Outlets: The Conversation

Published: September 29, 2026

Words: 1,217

Last Updated: 2 weeks, 5 days ago

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By Charles J. Russo, University of Dayton

Just over a year ago, the U.S. Supreme Court rendered an unusual judgment: a tied vote.

Without stating why, Justice Amy Coney Barrett recused herself from Oklahoma Statewide Charter School Board v. Drummond, a case about whether it would have been constitutional to open a Catholic charter school. The remaining justices deadlocked 4-4, leaving in place lower court rulings that blocked the school. Oklahoma courts agreed that …

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