Amy Coney Barrett’s recusal leaves religious liberty twisting in the wind



The U.S. Supreme Court’s 4-4 deadlock last week left intact the Oklahoma Supreme Court’s ruling against St. Isidore of Seville Catholic Virtual School — a failure of constitutional courage and a setback for educational freedom.

The tie lets stand a decision that discriminates against faith-based institutions by denying them the same public charter school opportunities extended to secular organizations. It rests on a misguided reading of the First Amendment’s Establishment Clause and ignores the protections guaranteed by the Free Exercise clause.

Families deserve more than crumbling bureaucracies and ideological indoctrination. They need real alternatives — the kind private and parochial schools have offered for generations.

Plaintiffs, including the Oklahoma Statewide Charter School Board, made a compelling case: Excluding St. Isidore solely because of its Catholic identity violates the Constitution.

In Carson v. Makin (2022), the Supreme Court ruled that states cannot deny religious organizations access to public benefits otherwise available to all. Charter schools, while publicly funded, operate independently and serve as laboratories of innovation. St. Isidore committed to meeting Oklahoma’s curriculum standards and serving any student who applied. Its disqualification stemmed from one reason alone: its religious mission.

That’s religious discrimination, plain and simple.

The Oklahoma Supreme Court misread the Establishment Clause, and the U.S. Supreme Court failed to correct the error. The clause doesn’t forbid religious organizations to participate in public programs. It forbids the state to establish an official religion — not from offering families the freedom to choose a Catholic education within a public framework.

St. Isidore wouldn’t force anyone to adhere to Catholic doctrine. It would simply give parents another option — one grounded in a Judeo-Christian worldview and committed to academic excellence. Banning that option undermines pluralism and silences voices that have historically delivered high standards and moral clarity in American education.

Meanwhile, public education in the United States teeters toward collapse. Students trail their peers globally. In some districts, basic literacy remains out of reach. Families deserve more than crumbling bureaucracies and ideological indoctrination. They need real alternatives — the kind private and parochial schools have offered for generations.

Faith-based schools routinely outperform their government-run counterparts. Instead of blocking them from public charter programs, states should welcome their success and harness their model. Innovation doesn’t threaten the system. It might save it.

Oklahoma Attorney General Gentner Drummond, despite claiming to be a Republican, sided with liberal secularists in opposing St. Isidore. His legal brief warned of “chaos” and raised alarm over hypothetical funding for “radical Islamic schools” — a tired slippery-slope argument that ignores the core issue of equal treatment under the law.

RELATED: This red-state attorney general has declared war on the First Amendment

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Drummond abandoned conservative principles like school choice and religious liberty. Instead, he backed those who place rigid interpretations of church-state separation above fairness. His stance helped fuel the Supreme Court’s deadlock and undercut Oklahoma families seeking diverse educational options.

The Supreme Court’s failure to resolve this question, due in part to Justice Amy Coney Barrett’s recusal, leaves a constitutional gray area: Can states bar religious organizations from public programs that remain open to everyone else?

Parents deserve the right to choose schools that reflect their values — whether religious or secular. By excluding St. Isidore, the state has effectively declared that faith-based institutions are second-class citizens. That’s not just bad policy. It’s a dangerous precedent in a nation founded on religious liberty.

The founders never intended to wall off religion from public life. They saw the Christian faith and Judeo-Christian values as cornerstones of strong, free societies. Most early American schools were church-run. Today, the pendulum has swung too far to the left. Progressive bureaucrats attack the very moral foundations that made America successful in the first place.

If we want to make America great again, we need to reclaim those values and push back against the cultural nonsense that sidelines faith.

If we want to reverse the decline of American education, we need more choices — not fewer. This fight isn’t over. Oklahoma will keep defending parental rights and religious freedom. The St. Isidore case remains unfinished business — and we intend to finish it. Faith-based schools must have the freedom to educate our children without unconstitutional restrictions.

Meet the Christians fighting for your rights at the Supreme Court



All eyes are on the new American pope, Leo XIV, but Catholicism's impact on American society today goes far beyond the vicar of Christ.

Catholics were key voices in the fight against slavery and the Civil Rights Movement, and they continue to advocate for the unborn in a post-Roe era. It shouldn’t be surprising, then, that Catholics are stepping up as leaders in the latest civil rights struggle in America: the defense of religious freedom.

Parents like Grace Morrison aren’t willing to let go of their role as primary educators of their children — and the Constitution is on their side.

Just consider the protagonists of the three religious liberty cases under Supreme Court review this term.

1. Mahmoud v. Taylor

Grace Morrison is a Catholic mother of seven from Montgomery County, Maryland, and member of the board of directors of Kids First, an association of parents and teachers advocating for notice and opt-outs in Montgomery County Schools.

Grace’s youngest daughter has Down syndrome and other learning differences. She was enrolled in Montgomery County Public Schools until Grace was told she could not opt her child out of LGBTQ+ indoctrination in the classroom. Forcing the young girl to learn using sexually explicit storybooks woven into the pre-K to 6th grade English curriculum in their school district, according to Grace, directly interferes with her free exercise rights under the First Amendment.

Grace and other families representing a range of faith traditions have brought their case all the way to the Supreme Court.

Predictably, two staunch progressives on the court think nothing of indoctrination in the classroom. Justice Sonia Sotomayor asserted during oral argument that there is nothing “coercive” in the mandatory reading of a book celebrating a same-sex wedding. Her colleague Justice Ketanji Brown Jackson suggested that objecting parents can always opt to send their children to private schools or homeschool.

Thankfully, a majority of the court’s justices didn’t agree that hanging a “Catholics need not enroll” sign in the school front office is totally fine.

Justice Samuel Alito, for example, pressed counsel representing Montgomery County’s school board during oral argument. “What’s the big deal about allowing them to opt out of this?” he asked.

The right to opt out of material that conflicts with sincerely held religious belief is a “big deal” to progressives on the Montgomery County school board because it would allow objecting parents to shield their children from across-the-board indoctrination.

Parents like Grace Morrison aren’t willing to let go of their role as primary educators of their children — and the Constitution is on their side.

2. Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond

Catholics in Oklahoma are also asking the Supreme Court to recognize religious freedom protections in their state’s charter school program.

When Oklahoma’s charter school program certified St. Isidore of Seville Virtual School — an online school created jointly by the two Catholic dioceses in the state— the state attorney general objected and successfully petitioned the state’s highest court to order the charter school board to withdraw certification.

But the school, along with the charter school board, successfully petitioned the Supreme Court to review the matter.

During oral argument, counsel for St. Isidore’s opened with a simple idea: “The Free Exercise Clause bars a state from inviting private parties to participate in an educational funding program while excluding those who exercise their faith.”

St. Isidore’s isn’t asking for preferential treatment but simply to be treated like any other private school seeking charter school status.

Justice Brett Kavanaugh agreed.

Referring to recent cases where the Court struck down restrictions on public funds going to schools because of their religious character, Kavanaugh remarked that “I think those are some of the most important cases we’ve had, of saying you can’t treat religious people and religious institutions and religious speech as second class in the United States.”

3. Catholic Charities Bureau Inc. v. Wisconsin Labor & Industry Review Commission

Finally, Catholics serving the needy in Northern Wisconsin advance a capacious definition of religious activity.

Wisconsin permits exemptions from the state’s unemployment-compensation program for an organization operated primarily for a “religious purpose.” Catholic Charities Bureau — a ministry of the Diocese of Superior, Wisconsin — has operated since 1917 to provide “services to the poor and disadvantaged as an expression of the social ministry of the Catholic Church,” and it sought and was denied an exemption because it hires and serves people who are not Catholic and does not proselytize recipients of its services.

The Supreme Court agreed to review the denial.

During oral argument, Justice Neil Gorsuch perfectly summed up the problem with just one rhetorical question: “Isn’t it a fundamental premise of our First Amendment that the state shouldn’t be picking and choosing between religions, between evangelical sects, and Judaism and Catholicism on the other, for example? And doesn’t it entangle the state tremendously when it has to go into a soup kitchen, send an inspector in, to see how much prayer is going on?”

Amen, Justice Gorsuch.

While you don’t have to be Catholic to defend parents’ rights in education and school choice initiatives free from religious discrimination, courageous Catholics have stepped up to vindicate religious freedom.

This Supreme Court is listening.

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