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The U.S. Supreme Court has upheld a lower court’s ruling on Oklahoma’s push to allow a Catholic charter school.

The court issued a rare 4-4 tie ruling Thursday in the case, with Justice Amy Coney Barrett recusing herself.

Oklahoma’s Supreme Court previously ruled the effort to create religious-based charter schools was unconstitutional, saying charter schools are public schools and must remain non-sectarian.

Gov. Kevin Stitt called Thursday’s ruling “a non-decision” and the issue of publically-funded religious schools is now in “overtime.”