With only eight justices voting, the 4-4 tie leaves in place an Oklahoma Supreme Court ruling that a public religious charter school would violate the separation of church and state.

A divided 4-4 high court let stand an Oklahoma Supreme Court ruling prohibiting the first religious public charter school in the U.S. Justice Amy Coney Barrett recused herself.

The case, a major test of the separation of church and state, was an unexpected loss for those advocating a greater role for religion in public life.