LANSING (AP) — The Michigan Supreme Court on Monday upheld a law that gives public money to private schools to comply with health and safety orders.

The court’s decision was 3-3, which means an opinion in favor of private schools by the state appeals court will stand.

At issue was whether more than $5 million authorized by lawmakers during Gov. Rick Snyder’s administration conflicts with the Michigan Constitution, which says “no public monies or property” can be used to “aid or maintain” private schools.

The money is OK because it’s not for “educational services” in private schools, said justices Stephen Markman, Brian Zahra and David Viviano, all nominated by the Republican Party.