This was the opinion I've been dreading this Supreme Court term, Okla. Statewide Charter School Board v. Drummond, in which the state granted
an application to allow an internet-based charter school operated by two Catholic dioceses that would specifically evangelize.
Barrett recused herself as she had a personal relationship with the
Notre Dame law professor advocating for the state.
In other weirdness, Drummond was the attorney general who went to the
state supreme court to invalidate the action of the state, which is
what happened.
The Supreme Court divided 4-4. No opinions were released. The state
supreme court, invalidating the state school charter, was not reversed.
Note Kavanaugh's concern during oral arguments, which I believe is an Establishment Clause issue. He's presuming that these social service
agencies have state contracts.
On the other hand, Justice Brett Kavanaugh expressed concern
that upholding the Oklahoma Supreme Court's opinion could mean
that other faith-based services, like Catholic Social Services
or Catholic Charities, would also be deemed "government
entities" that are unable to exercise their religion.
After same-sex marriage, comparable Catholic social service agencies
dropped their state contracts. For instance, they would not help to
arrange adoptions by same sex couples as they were required to do under
state law.
https://www.scotusblog.com/2025/05/split-supreme-court-blocks-first-religious-charter-school-in-oklahoma/
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