Notre Dame community reacts to Law School’s spotlight on the national stage

The Lindsay and Matt Moroun Religious Liberty Clinic at Notre Dame Law School has recently been highlighted for its significant work in defending Saint Isidore of Seville Virtual School in Oklahoma in their case, St. Isidore of Seville Catholic Virtual School v. Drummond, brought before the U.S. Supreme Court. The case has recently been taken up by the Court following a disagreement about whether the school should receive public funding because of its religious affiliation. 

Plaintiffs argue that the denial of inclusion in Oklahoma’s charter school funding program is a violation of religious liberty constituting discrimination. John Meiser, Director of the Lindsay and Matt Moroun Religious Liberty Clinic, has been a strong advocate for Saint Isidore’s participation as a charter school. 

Meiser, quoted in a recent article, was heavily critical of prosecuting attorney Drummond’s case, saying, “[His] disregard for religious pluralism is offensive—and his outmoded views on the law are simply wrong.” Notably, the charter school was approved by the Oklahoma Virtual Charter School Board by a slim vote margin of 3-2. 

Regardless of the Supreme Court’s decision, this case will have major implications for the relationship between church and state and the role of Catholic schools in American jurisprudence. Education is a staunchly protected right in the United States, and the Catholic church has played a large part in upholding that commitment to educate youth. 

Students across campus reacted to the news of this case and Notre Dame’s participation. 

Freshman Fritz Micko told the Rover, “It’s a good precedent for a premiere religious institution to fight for other religious institutions to be judged by their content rather than religious affiliations.”

In a conversation with the Rover, Ryan Sullivan, a resident assistant in Baumer Hall writing his senior thesis about school choice, offered insights into some of the theory behind the case and its impact.

Sullivan sees a unique opportunity for Notre Dame in aiding with the case, telling the Rover, “It has been very interesting to follow this case, especially with Notre Dame’s involvement through the Religious Liberty Clinic. There are so many amazing professors here that do work related to school choice, religious liberty, and Catholic education, so it is pretty special to see ND and the Religious Liberty Clinic recognized in this way.”

Going over similar cases in the past, Sullivan described comparable decisions, saying, “Over the last 20 years [cases] like Zelman v. Simmons-Harris, Trinity Lutheran Church of Columbia, Inc. v. Comer, Espinoza v. Montana Department of Revenue, and Carson v. Makin show how the Court has repeatedly taken up important questions of religious liberty like the ones at play here in St. Isidore of Seville Catholic Virtual School v. Drummond.”

Remarking on the implications of the Supreme Court hearing the case for religious liberty, Sullivan quoted Chief Justice John Roberts’ decision in Espinoza, “A State need not subsidize private education. But once a State decides to do so, it cannot disqualify some private schools solely because they are religious.” 

Sullivan also told the Rover, “Separate from the questions of Supreme Court jurisprudence in this case, I think there are also some philosophical considerations for how we view religious education’s role in America today, as well as how we define public education.”

Optimistic about the future of religious liberty in education, Sullivan described evolving definitions of public schools. He said, “There is an increasingly popular understanding of public education as being an umbrella term for government-funded education that is administered by a diverse market of public and private schools, including religious schools.”

Sullivan added, “Religious education has long played a vital role in our country and it is important that its legacy is protected and strengthened.” However, Sullivan cautioned against blanked adoption of school vouchers, adding, “We must also be careful that school choice decisions and policies that bolster religious education do not come at the expense of our nation’s traditional public school students, nor at the expense of the strong culture and mission that exists within religious schools as the state’s involvement in their funding increases.”

Sam Marchand is a sophomore studying political science and finance from Beaumont, Texas. He squanders much of his spare time by reading the Current Events section of Wikipedia preparing arguments for ND Speech & Debate, of which he serves as president. He can be reached at smarcha3@nd.edu. 

Kevin Andrews is a sophomore in Keough Hall majoring in political science and economics. When not covering international war, he can be found in Duncan Student Center, wasting his Flex points, probably on Chick-fil-A. He can be reached at kandrew6@nd.edu.  

Photo Credit: Notre Dame Religious Liberty Clinic

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