Last month, the Supreme Court wrapped up its October 2024 Term, which included three church-state decisions. Each touched on long-running issues—public funding for religious schools, the definition of "religious" for purposes of exemptions, and parental rights in public education. But only one case, Mahmoud v. Taylor, resulted in a major ruling. The two others, for different reasons, turned out to be less eventful.
Start with Oklahoma Statewide Charter School Board v. Drummond, a case that could have clarified whether religious charter schools are permissible under the Establishment Clause. The Oklahoma Supreme Court had barred a proposed Catholic charter school, St. Isidore, reasoning that it qualified as a state actor. St. Isidore argued it was more akin to a private contractor participating in a public program—like in Espinoza and Carson, two earlier school funding cases—and thus eligible for equal treatment.
The Supreme Court granted cert, but Justice Barrett recused herself—most likely because Notre Dame's Religious Liberty Clinic was deeply involved in the litigation. That led to a 4–4 split, affirming the Oklahoma ruling without setting precedent. Had Justice Barrett participated, she likely would have sided with the conservatives, and the case might have opened the door to religious charter schools nationwide. As it stands, the issue remains unresolved and will likely return.
