Religious Liberty in Education Hits a Roadblock — But the Conversation Isn’t Over

May 30, 2025 | Honolulu | Last week, the U.S. Supreme Court issued a 4–4 split decision in a case that could have opened the door for America’s first religious charter school. Although the ruling didn’t establish legal precedent, it brings an important question to the forefront: Can a school be excluded from a public charter program simply because it is religious?

The case began when St. Isidore of Seville Catholic Virtual School was approved by the Oklahoma Statewide Charter School Board. That approval was later struck down by the Oklahoma Supreme Court, citing concerns over the school’s religious foundation. The school challenged the decision, arguing that excluding it from the charter program on religious grounds violated the First Amendment.

Unfortunately, the U.S. Supreme Court was unable to issue a definitive ruling because Justice Amy Coney Barrett recused herself. This left the Court deadlocked at 4–4, meaning the Oklahoma court’s decision will stand—at least for now.

While this may feel like a loss for families seeking educational freedom, it’s important to note that a tie in the Supreme Court does not establish national precedent. That means similar cases could still move forward in other states, potentially leading to a more definitive decision in the future.

Why This Matters to Us in Hawai‘i

At Hawaii Family Forum, we believe that parents—not the government—should have the ultimate authority in choosing how and where their children are educated. When the state creates educational programs open to the public, it should not discriminate against schools simply because they are guided by a faith-based worldview.

Religious liberty is a foundational value—not just for churches, but for families. This case is a clear reminder that religious organizations continue to face unnecessary barriers when seeking to serve their communities through education. As Al Mohler recently said, “If just about any organization can sponsor a charter school except a religious one, that is discrimination.”

We agree.

Standing Strong in Faith and Freedom

Alliance Defending Freedom’s Chief Legal Counsel, Jim Campbell, responded to the decision with this reminder: “The U.S. Supreme Court has been clear that when the government creates programs and invites groups to participate, it can’t single out religious groups for exclusion.”

Here in Hawai‘i, we may not be debating religious charter schools yet—but we are seeing how faith-based organizations are increasingly pushed to the margins. That’s why Hawaii Family Forum will continue to educate and equip our local families to stand for their rights, make their voices heard, and advocate for policies that reflect our shared biblical values.

This isn’t just a mainland issue—it’s a Hawai‘i issue too. Let’s stay informed. Let’s stay engaged. And let’s always stand for freedom, in a true spirit of aloha.