This past week, the U.S. Supreme Court had two chances to give Americans clearer legal guidance on important issues: religion in public education and free speech in schools.
Instead of offering answers, they passed—twice.
One case ended in a 4-4 tie. The other? They declined to hear it at all.
Case 1: Public Funding for a Religious Charter School
In Oklahoma, state leaders approved the first taxpayer-funded religious charter school in the country: St. Isidore of Seville Catholic Virtual School.
The school planned to offer online K-12 education with Catholic values built into the curriculum. It had support from Gov. Kevin Stitt and conservative school choice advocates.
But state Attorney General Gentner Drummond—also a Republican—challenged the school’s contract, saying it violated both the U.S. Constitution and Oklahoma’s own laws.
His argument? Public dollars shouldn’t go to religious institutions, no matter how well-meaning.
The case reached the U.S. Supreme Court, but with Justice Amy Coney Barrett recused due to a conflict of interest, the remaining justices split 4-4.
That means the Oklahoma Supreme Court’s decision to block the school stays in place—for now.
A tie vote doesn’t settle the issue nationwide, so while St. Isidore won’t open this year, another state could try something similar.
The question of whether religious schools can receive public charter funding remains wide open.
Both sides have a point: On one hand, excluding religious schools from public programs solely because of their faith seems unfair.
On the other hand, using taxpayer money to fund religious instruction does raise serious questions about the role of government in religion.
The problem is, the Court didn’t give us any clearer direction on how to balance those concerns.
Case 2: “There Are Only Two Genders” T-Shirt
In a separate case, a middle schooler was disciplined for wearing a T-shirt that said, “There Are Only Two Genders.”
The school claimed the message could be hurtful to other students and cause a disruption. The student’s legal team argued that punishing him was a clear violation of free speech.
The case went to a federal appeals court, which sided with the school.
This week, the Supreme Court declined to hear the appeal—offering no comment, no explanation, and no guidance.
Many parents and students see this as a free speech issue. If schools allow shirts promoting one point of view, should they also allow shirts with a different perspective—even if it’s controversial?
Others argue that schools have a responsibility to maintain a safe and respectful environment for all students and that some messages, even if meant as opinion, can be taken as offensive or hostile.
Again, the Court had a chance to clarify how far free speech protections go for students.
Instead, it stayed silent.
Bigger Picture: Courts Leaving Tough Issues Unresolved
These two cases hit on the same core problem: We’re living in a time when cultural debates—on religion, gender, speech, and education—are becoming more common, not less.
But instead of offering guidance, the Supreme Court is stepping aside, at least for now.
That leaves a patchwork of rules depending on where you live and which court happens to handle your case.
For parents trying to make school choices or help their kids understand their rights, that’s frustrating. For school leaders, it’s not much better—they’re left guessing what’s allowed and what isn’t.
It’s not about being conservative or liberal. It’s about having a fair and consistent system that people can understand and rely on.
Americans on both sides of these debates deserve better than vague signals and legal gray areas.
Whether you support religious schools, student free speech, or simply want consistent rules, the Supreme Court’s reluctance to engage just kicks the can further down the road.
This article was written with the assistance of AI. Please verify information and consult additional sources as needed.