The U.S. Supreme Court has affirmed that Oklahoma's contract for what would be the nation's first publicly funded religious school is unconstitutional.
The high court was tied 4 to 4, which means the Oklahoma Supreme Court's original decision stands. The state's justices found the contract with the St. Isidore of Seville Catholic Charter School was unconstitutional. Justice Amy Coney Barrett recused herself from the case.
The decision may come as a surprise to analysts, who thought Chief Justice John Roberts would agree with the court's conservative majority and make the decision 5 to 3. While the split decision points to the likelihood that Roberts sided with the liberal minority, the voting makeup has not been made public.
On social media, Attorney General Gentner Drummond touted the tie as a win.
"[W]e should not allow taxpayer funding of radical Islamic schools here in Oklahoma," he wrote. "I am proud to have fought against this potential cancer in our state, and I will continue upholding the law, protecting our Christian values and defending religious liberty."
Drummond had represented the state in an unusual lawsuit against the school and its accrediting body, the Oklahoma Statewide Charter School Board, which had approved its application.
He had faced significant resistance from his fellow Republicans in Oklahoma and beyond, who threw their support behind the school's application.
Oklahoma Gov. Kevin Stitt was one of those opponents. He released a statement Thursday morning calling the tie a "non-decision," and said there will be another case next time with Coney Barrett voting.
"This is far from a settled issue," he said. "We are going to keep fighting for parents' rights to instill their values in their children and against religious discrimination."
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