Notre Dame’s Lindsay and Matt Moroun Religious Liberty Clinic Represents St. Isidore of Seville Catholic Virtual School in Appeal to the Supreme Court.

On Wednesday, March 5, Catholic educators in Oklahoma filed an opening brief with the U.S. Supreme Court in St. Isidore of Seville Catholic Virtual School v. Drummond—a case challenging their exclusion from Oklahoma’s charter school program, merely because of their religion. 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.

St. Isidore of Seville Catholic Virtual School seeks to join the more than 30 privately operated charter schools who offer a diversity of learning options for families across Oklahoma. The school’s brief argues that the exclusion of all religious schools from this program violates basic constitutional rights and unlawfully discriminates against people of faith.

"Oklahoma recognizes that education is not one size fits all – and it fosters educational pluralism and opportunity by inviting private organizations to build an array of innovative charter schools that create a diversity of learning options for all children," said Professor John Meiser, director of Notre Dame Law School’s Religious Liberty Clinic. "That is a great endeavor. But bedrock constitutional law is clear: Oklahoma cannot invite any and all educators to participate in it except those who happen to be religious.”

"Too many children in Oklahoma—particularly in remote and rural communities—don’t have robust learning opportunities or access to schools that may serve their children’s individual needs," said Michael Scaperlanda, Chancellor of the Archdiocese of Oklahoma City and Chairman of St. Isidore's Board. "We want to help fill that gap by offering an excellent, Catholic education to all interested families across the state, regardless of their zip code, their income, or any other circumstance. All children deserve to thrive in an environment that fits them, and we hope to help make that a reality."

Oklahoma’s charter school board agreed that St. Isidore would provide a valuable learning resource for Oklahoma families and initially approved the school to open for the 2024-2025 school year. But Oklahoma Attorney General Gentner Drummond sued to block the school from opening. Last June, the Oklahoma Supreme Court sided with Drummond, ruling that the state could not partner with a religious school and blocked St. Isidore from opening.

In April, the U.S. Supreme Court will hear the case to determine whether the shuttering of St. Isidore violates the First Amendment to the U.S. Constitution.

“I am proud to partner with Notre Dame’s Religious Liberty Clinic to represent St. Isidore in this important case,” said Michael McGinley of Dechert LLP, who is counsel of record in the case. “We are hopeful that the Court will vindicate St. Isidore’s constitutional rights.”

"States routinely partner with faith-based organizations to serve the public—whether by providing education, shelter, food, healthcare, you name it," said Nicole Stelle Garnett, John P. Murphy Foundation Professor of Law at Notre Dame Law School, addressing the broader legal principles at play. "The Supreme Court has repeatedly made clear that the government may not offer support to private groups like these and then deny that opportunity to organizations based on their religion. St. Isidore simply asks the Supreme Court to recognize and uphold that basic right against religious discrimination.”

The Court will hear oral argument in the case on April 30 with a decision expected this summer.

About the Lindsay and Matt Moroun Religious Liberty Clinic

The Lindsay and Matt Moroun Religious Liberty Clinic is a teaching law practice that educates, forms and prepares Notre Dame law students to become the rising generation of religious liberty leaders by training students in the practice of the law as they defend religious freedom for all people.

Under the guidance of law school faculty and staff, students work on a broad variety of legal matters to promote religious freedom on behalf of individuals and organizations of all beliefs—both domestically and abroad. The clinic represents clients from all faith traditions to promote not only the freedom for people to hold religious beliefs but also their fundamental right to express those beliefs and to live according to them. Learn more about the work of the Clinic here.

Originally published by Notre Dame Law School at religiousliberty.nd.edu on March 06, 2025.