Attorney General Gentner Drummond, also a Republican, sued to stop the school. He called the 4-4 vote “a resounding victory for religious liberty” that also will ensure that “Oklahoma taxpayers will not be forced to fund radical Islamic schools, while protecting the religious rights of families to choose any school they wish for their children.”

The case, a major test of the separation of church and state, was an unexpected loss for religious rights advocates after a string of victories.

A split Supreme Court ruling upholds a lower court decision that prohibited Oklahoma from establishing the nation's first Christian charter school.