Catholic Educators Urge Supreme Court to Uphold Freedom to Serve Communities in Need

Court hears oral arguments for St. Isidore of Seville Catholic Virtual School v. Drummond

 WASHINGTON, D.C. – On Wednesday, April 30, attorneys presented oral arguments before the U.S. Supreme Court in St. Isidore of Seville Catholic Virtual School v. Drummond—a case challenging the exclusion of schools of all faiths from a program that supports privately operated charter schools in Oklahoma. 
 
 In June 2023, St. Isidore of Seville Catholic Virtual School was approved to join the more than 30 privately operated charter schools offering diverse learning options to families across Oklahoma. The school was set to open to interested families for the 2024-2025 academic year until Oklahoma Attorney General Gentner Drummond sued to block it. In June 2024, the Oklahoma Supreme Court sided with Drummond, ruling that the state could not partner with a religious school, shuttering St. Isidore before it could open. 
 
 The school, joined by representatives from Oklahoma’s Statewide Charter School Board and the United States Solicitor General, argued to the Supreme Court that its exclusion from this program violates basic constitutional rights, unlawfully discriminates against people of faith, and denies critical educational opportunities to families who need them most. 
 
 “We are grateful that the U.S. Supreme Court heard our case and now entrust it to their wisdom,” said Archbishop Paul S. Coakley and Bishop David A. Konderla of Oklahoma. “Of course, we pray and hope for a decision that stands with religious liberty and the rights of Oklahoma families to make their own decisions in selecting the best educational options for their children.” 
 
 “As any parent knows, education is not one size fits all, and every child benefits from additional learning options,” said Michael Scaperlanda, chairman of St. Isidore’s Board of Directors. “Families across Oklahoma eagerly welcomed the opportunities presented by our virtual school. They encouraged us to appeal when the lower court ruled against us solely because of our religious beliefs. Today, we asked the Supreme Court for the simple freedom to serve those families.” 
 
 “A school like St. Isidore would be a godsend for my children, who don’t have access to anything like this in our hometown,” said Roger Harrison, Spiro, Oklahoma resident. “I am proud to see St. Isidore fight to bring this school to families like us who need these opportunities.” 
 
 “If the First Amendment stands for anything, it is that the government cannot exclude people because of their beliefs,” John Meiser, counsel to St. Isidore and Director of Notre Dame Law School’s Religious Liberty Clinic. “Today, we called upon the Court to reinforce that bedrock principle. The Attorney General’s discriminatory quest to deny parents a new educational option violates the Constitution and benefits no one.” 
 
 “The Court has repeatedly held that states cannot offer to support all privately operated schools except those that are religious,” said Michael McGinley, counsel of record to St. Isidore and partner at Dechert LLP. “Today, we urged the Court to uphold that rule, which promises St. Isidore the right to take part in Oklahoma’s charter school program.” 
 
 “As arguments today underscored, St. Isidore does not ask the Court to break new constitutional ground,” said Nicole Stelle Garnett, John P. Murphy Foundation Professor of Law, Notre Dame Law School. “The Supreme Court has made abundantly clear that Oklahoma cannot discriminate against religious organizations in a program that supports privately operated schools. That is true whether Oklahoma chooses to call those privately operated schools ‘public’ or not.” 
 
 A team of attorneys from Notre Dame Law School’s Lindsay and Matt Moroun Religious Liberty Clinic, Dechert LLP, and Perri Dunn PLLC represents St. Isidore in the case. A decision is expected by the end of June.