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Charles J. Russo, Joseph Panzer Chair in Education and Research Professor of Law, University of Dayton

Supreme Court’s one-sentence order closes the door to Catholic charter school – but leaves it open for future challenges

Supreme Court justices heard arguments April 30, 2025, and issued a 4-4 order just a few weeks later. AP Photo/J. Scott Applewhite

The saga over St. Isidore of Seville, which hoped to become the nation’s first religious charter school, has come to a surprising end – for now.

In April 2025, Supreme Court justices heard arguments in the case from Oklahoma, which dealt with how to interpret the First Amendment’s religion clauses. Proponents argued that prohibiting local public school boards from contracting with a faith-based organization would be unconstitutional because it hinders “free exercise” of religion. Critics warned a faith-based charter would be an unconstitutional breach of the “establishment clause,” which forbids the government from establishing an official religion or promoting particular faiths over others.

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