View this email in your browser ([link removed])
[link removed]



** For Immediate Release: May 23, 2025
------------------------------------------------------------


** U.S. Supreme Court Deadlock Leaves Religious Charter School Debate—and Free Exercise Rights—in Limbo
------------------------------------------------------------

WASHINGTON, DC — In a closely watched case with broad implications for religious liberty and the separation of church and state, the U.S. Supreme Court has deadlocked on whether states can prohibit religious charter schools ([link removed]) , leaving unresolved questions about the First Amendment’s Establishment and Free Exercise Clauses.

The 4-4 tie ([link removed]) in the consolidated cases of Oklahoma Statewide Virtual Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond keeps in effect a ruling by the Oklahoma Supreme Court. That court held that a state-funded religious charter school would violate the Establishment Clause of the U.S. Constitution. Because the Supreme Court issued no majority opinion, the Oklahoma decision stands—but only within the state—and the issue remains open for future litigation. The Rutherford Institute, which filed an amicus brief ([link removed]) in support of the religious charter school, warned that the state’s denial of a charter based solely on the proposed school’s religious focus and instruction while allowing other charter schools to have a special focus and teaching on any number of nonreligious topics violates the
First Amendment’s Free Exercise Clause.

“A government that excludes religious institutions from generally available public programs—simply because they are religious—is engaging in unconstitutional discrimination,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People ([link removed]) . “The First Amendment was designed to protect both freedom of religion and freedom from government interference in religious practice.”
MAKE THE GOVERNMENT PLAY BY THE RULES OF THE CONSTITUTION: SUPPORT THE FIGHT FOR FREEDOM ([link removed])

Oklahoma, like many other states, chose to allow charter schools that are privately run under a contract with the government but are free and open to the public and funded by the government. In a 3-2 vote by Oklahoma’s Charter School Board, St. Isidore of Seville Catholic Virtual School, a proposed online charter school created by the Archdiocese of Oklahoma City and the Diocese of Tulsa, had its application approved, allowing for a tuition-free school option that would incorporate Catholic teachings throughout its curriculum. However, Oklahoma Attorney General Gentner Drummond sued to rescind the contract. The Oklahoma Supreme Court ruled 6-2 against the proposed charter school, reasoning that charter schools are effectively government entities and therefore cannot promote religious doctrine without violating the Establishment Clause. The U.S. Supreme Court’s evenly split decision ([link removed]) allows that ruling to remain
in effect, but sets no national precedent.

In its amicus brief ([link removed]) , The Rutherford Institute argued that religious charter schools, which are privately run, should not be considered government actors given that the state exercises no significant control over their operations. The Institute further urged the Court to find a provision of Oklahoma’s state constitution—a “Blaine Amendment”—as incompatible with the U.S. Constitution’s First Amendment right to the free exercise of religion when that provision is used to exclude religious institutions from public benefits that are otherwise generally available. Blaine Amendment provisions exist in 37 states and prohibit public funds being used to aid religious institutions. These provisions have also been used to eradicate any general mention of God or reference to religion
([link removed]) by government officials.

Attorneys Jason P. Gosselin and John M. Bloor of Faegre Drinker Biddle & Reath LLP advanced the arguments in the amicus brief ([link removed]) on behalf of The Rutherford Institute.

The Rutherford Institute ([link removed]) , a nonprofit civil liberties organization, provides legal assistance at no charge to individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.
_______________

Legal Documents

Oklahoma Statewide Virtual Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond
* Amicus brief ([link removed])
* Supreme Court Opinion ([link removed])

_______________

This press release is also available at www.rutherford.org ([link removed]) .

Source: [link removed]
[link removed] Share ([link removed])
[link removed]: https%3A%2F%2Fmailchi.mp%2Frutherford%2Fscotus-case-on-charter-schools-ends-in-deadlock Tweet ([link removed]: https%3A%2F%2Fmailchi.mp%2Frutherford%2Fscotus-case-on-charter-schools-ends-in-deadlock)
[link removed] Forward ([link removed])
CLICK HERE TO MAKE A TAX-DEDUCTIBLE DONATION ([link removed])

To donate via PayPal, please click below:
[link removed]

============================================================
** Follow us on Facebook ([link removed])
** Follow us on Facebook ([link removed])
** Follow us on Twitter ([link removed])
** Follow us on Twitter ([link removed])
** YouTube ([link removed])
** YouTube ([link removed])
CONTACT INFORMATION
Nisha Whitehead
(434) 978-3888 ext. 604
** [email protected] (mailto:[email protected])

THE RUTHERFORD INSTITUTE
Post Office Box 7482
Charlottesville, VA 22906-7482
Phone: (434) 978-3888
** www.rutherford.org ([link removed])

Copyright © 2025 The Rutherford Institute, All rights reserved.

You are receiving this email because of your interest in the work of The Rutherford Institute. Founded in 1982 by constitutional attorney and author John W. Whitehead, The Rutherford Institute is a civil liberties organization that provides free legal services to people whose constitutional and human rights have been threatened or violated. To discontinue your membership electronically, or if you feel you are receiving this message in error, please follow the link below.

Under the regulations of the United States Internal Revenue Service, The Rutherford Institute is incorporated as a 501(c)(3) tax exempt nonprofit organization. Donations to support The Rutherford Institute’s legal and educational work help to safeguard the constitutional rights of all Americans. Donations are tax-deductible. In compliance with general industry standards of a nonprofit organization, the Institute is audited annually by an independent accounting firm.

** unsubscribe from this list ([link removed])

** update subscription preferences ([link removed])