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The nation’s first religious public charter school will not be able to open its doors in Oklahoma after a 4-4 split in the U.S. Supreme Court on Thursday morning upheld the state supreme court’s ruling that blocked the school.
The high court did not issue written opinions in the case.
In its June 2024 ruling in St. Isidore of Seville Catholic Virtual School v. Drummond, a six-justice majority of the Oklahoma Supreme Court sided with state Attorney General Genter Drummond, writing that the virtual public charter school’s creation would violate the Oklahoma Constitution and the First Amendment’s Establishment Clause. St. Isidore was originally scheduled to open for the 2024-25 school year.
“Enforcing the St. Isidore Contract would create a slippery slope and what the framers’ warned against — the destruction of Oklahomans’ freedom to practice religion without fear of governmental intervention,” the Oklahoma court’s majority wrote in the decision.
If the U.S. Supreme Court had ruled in favor of St. Isidore, the high-profile religious liberty case could have opened the door for a wave of other publicly funded religious schools. The split decision, however, leaves no national precedent on the question of whether religious schools can participate in public charter school programs without violating the First Amendment’s Establishment Clause.
Justice Amy Coney Barrett recused herself from the case.
St. Isidore is “disappointed” that the decision to block the school’s opening was upheld “without explanation” from the U.S. Supreme Court, said Archbishop of Oklahoma City Rev. Paul Coakley and Bishop of Tulsa Rev. David Konderla, in a joint statement Thursday.
Given this latest ruling, Coakley and Konderla said they are exploring alternative options to offer a virtual Catholic education “to all persons” in Oklahoma and remain committed to parental choice in education.
The Oklahoma Statewide Charter School Board, which initially approved St. Isidore’s contract in October 2023, will respect the Supreme Court’s authority following its split decision to uphold the Oklahoma Supreme Court’s ruling, said the board’s Executive Director Rebecca Wilkinson, in a Thursday statement.
“The split decision of the court affirms this was indeed a complicated matter with a wide spectrum of views on the appropriate relationship between education, public funding, and religious institutions in our state and country,” Wilkinson said. “The Statewide Charter School Board remains committed to upholding our constitutional responsibilities and the highest standards of transparency and excellence. We will move forward in that vein, ensuring our policies and practices reflect both the rule of law and commitment to all students.”
Drummond said in a Thursday statement that the Supreme Court’s decision is a “resounding victory for religious liberty and for the foundational principles that have guided our nation since its founding.”
“I have always maintained that we must faithfully uphold the Constitution, even when it requires us to make difficult decisions,” Drummond said. “I will continue upholding the law, protecting our Christian values, and defending religious liberty — regardless of how difficult the battle may be.”
Oklahoma Superintendent of Public Instruction Ryan Walters spoke out against the Supreme Court’s move, adding in a Thursday statement that he will always oppose “religious discrimination” and that all children in Oklahoma should be free to choose the best school to attend, whether that’s “religious or otherwise.”
“Allowing the exclusion of religious schools from our charter school program in the name of 19th century religious bigotry is wrong,” Walters said in the statement sent by First Liberty Institute, a nonprofit law firm focused on First Amendment cases on religion.
Still, it seems likely the issues involving the First Amendment’s religious clauses will eventually return to the U.S. Supreme Court, “perhaps in a case better suited for resolution,” said Thomas Jipping, a senior legal fellow in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation, a national conservative think tank.
While it may not be the last time the Supreme Court takes on a case over religious charter schools, “today’s outcome offers clarity for families and educators,” said Starlee Coleman, president and CEO of the National Alliance for Public Charter Schools, in a statement.
About 8.1% of all public schools are charters. These schools serve 3.7 million enrolled students, of whom two-thirds are from low-income, Black or Latino communities, according to NAPCS.
“Charter schools were launched to offer more public-school options,” and families opt for charters because they are “innovative, student-centered learning environments” that are also accountable to taxpayers, Coleman said. “With this legal clarity, we can move forward with renewed focus on expanding access to high-quality public charter schools for every family nationwide.”
DAVENPORT, Iowa — The Catholic prayer for the faithful echoed off the limestone walls and marble floor of the high-ceilinged chapel.
It implored God to comfort the poor and the hungry. The sick and the suffering. The anxious and the afraid.
Then it took an unexpected turn.
“Lord, hear our prayer for St. Ambrose and Mount Mercy University,” the young voice said, “that the grace of the Holy Spirit may help us to follow God’s plan for our new partnership.”
The speaker was talking about ongoing efforts to unite St. Ambrose University, where this weeknight Mass was being held, with fellow Catholic university Mount Mercy. Small religious schools in rural states are shutting down at an accelerating rate, a fate these two are attempting to avoid.
Credit: Mike Rundle for The Hechinger Report
“Lord, hear our prayer,” responded the congregation of students in St. Ambrose-branded T-shirts and hoodies.
The heads of both St. Ambrose and Mount Mercy, which is in Cedar Rapids, said they’ve watched as nearby religiously affiliated colleges, athletic rivals and institutions that employed their friends and former colleagues closed.
With falling numbers of applicants to college — especially in the Midwest — “we just don’t have the demographics anymore,” said St. Ambrose President Amy Novak. Now, as fewer graduates emerge from high schools, combining forces is a way to forestall “the reality that we might all see in five or seven years,” Novak said.
For many other small religiously affiliated institutions, time has already run out.
More than half of the 77 nonprofit colleges and universities that have closed or merged since 2020, or announced that they will close or merge, were religiously affiliated, according to a Hechinger Report analysis of news coverage and federal data. More than 30 that are still in business are on a U.S. Department of Education list of institutions considered “not financially responsible” because of comparatively low cash reserves and net income and high levels of debt.
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Some small, religiously affiliated institutions that are not on these lists are also showing signs of strain. Saint Augustine’s University in North Carolina, which is Episcopal, has 200 students, down from 1,100 two years ago, and has lost its accreditation. The 166-year-old St. Francis College in New York, which is Catholic, has sacked a quarter of its staff. Catholic Saint Louis University in Missouri laid off 20 employees, eliminated 130 unfilled faculty and staff positions and sold off its medical practice after running a deficit.
Bluffton University in Ohio, which is Mennonite, is looking for a new partner after a planned merger fell through in February and the president resigned. Catholic St. Norbert College in Wisconsin is eliminating 11 majors and minors and 21 faculty positions. And Georgetown College in Kentucky averted closing only after an alumnus gave it $16 million, which, along with another $12 million in donations, was enough to pay off crippling debt that was costing the small Baptist institution $3 million a year just in interest.
Other religiously affiliated schools are also taking steps to buttress themselves against demographic and financial challenges. Ursuline College in Ohio, for instance, which has fewer than 1,000 students, has agreed to merge with larger Gannon University, 95 miles away. Both are Catholic. Spring Hill College in Alabama and Rockhurst University in Missouri, both also Catholic, are teaming up so they can jointly offer more academic programs, though they will remain independent.
More than a fifth of colleges and universities in the United States, or 849 out of 3,893, are religiously affiliated, according to the most recent figures from the National Center for Education Statistics.
The threats to them are getting new attention. Presidents of 20 Catholic universities and colleges met in November in Chicago at a conference sponsored by DePaul University and held at the offices of the Deloitte consulting firm, which collected data to help them figure out solutions to the challenges they face.
“The intent was to think about a blueprint for the future of Catholic higher education,” including more partnerships, shared services and other kinds of alliances, said Donna Carroll, president of the Association of Catholic Colleges and Universities. “Survival of the fittest is not the strategy that will advance the common good of Catholic higher education. We have to work together.”
The American Council on Education last year launched a Commission on Faith-Based Colleges and Universities, with leaders of what has since grown to 17 institutions including Pepperdine, Brigham Young and Yeshiva universities and the University of Notre Dame.
The idea of the commission, which is scheduled to meet in Washington in June, is “to increase visibility for the important contributions of religious and faith-based colleges and universities and to foster collaboration” among them.
Some religious colleges and universities are doing fine, and even posting enrollment gains — at least in part because of growing political divisions, campus protests and ideological attacks on secular institutions, said David Hoag, president of the Council for Christian Colleges and Universities.
Credit: Mike Rundle for The Hechinger Report
Parents are “wanting to put their son or daughter at a safe place that’s going to have a biblical worldview or a way to look at challenges that’s not polarized,” Hoag said. “At our institutions, you’re not going to be seeing protests or things that are happening at many of these [other] universities and colleges. You’re going to see them rallying together, whether it’s for a sporting event or for a revival or baptisms.”
Other trends also offer some hope to religiously affiliated colleges and universities. A long decline in the proportion of adults who consider themselves affiliated with a religion appears to have leveled off, the Pew Research Center finds. And while enrollment at parochial schools that feed graduates to Catholic universities fell more than 10 percent from 2017 to 2021, the most recent year for which the figure is available, the number of students at other kinds of religious primary and secondary schools is up.
Even religiously affiliated institutions confronting the realities of falling enrollment and financial woes fill a critically important role, their advocates say. They often serve low-income students who are the first in their families to go to college and are reluctant to enroll at large public universities.
Many are in rural areas where access to higher education is more limited than in urban and suburban places and is becoming less available still as public universities in rural states have merged or closed or cut dozens of majors.
Attending a small rural, religiously affiliated institution “is, I think — especially for rural students — a great opportunity,” said Todd Olson, president of Mount Mercy, above the sound of trains crossing Cedar Rapids outside his window. “I know kids from very small towns around Iowa,” like the one where he grew up, Olson said. “This campus is a much more comfortable place for them.”
Credit: Mike Rundle for The Hechinger Report
When Jacob Lange arrived at St. Ambrose from East Dubuque, Illinois, and attended a Mass on campus, “all of a sudden all these new people I had never met were kind of chatting with me and it was really kind of nice. It felt like I was kind of included and I didn’t really think I would be originally,” he said. “You figure, ‘I’m probably going to sit in the back and probably not talk to anyone all night,’ and then I showed up, and I walked out here and all of a sudden they’re, like, ‘Here, come join our group.’ ”
His parents also liked that he decided to go to a Catholic university, Lange said. “You know, you go to one of these big schools with 25,000 kids, and you’re kind of worried about your kid — like, what kind of dumb things is he going to get up to?”
Catholic universities in particular have a slightly higher four-year graduation rate than the national average, according to the Center for Catholic Studies at St. Mary’s University in Texas. Graduates have a stronger sense of community purpose, the center found in a survey. Alumni are 9 percentage points more likely to say they participate in civic activities.
More students at religiously affiliated than at secular institutions receive financial aid, the American Council on Education says. Three out of five get scholarships from the colleges themselves, compared to fewer than one in four at other kinds of schools. At both Mount Mercy and St. Ambrose, which have about 1,450 and 2,700 students, respectively, 100 percent get financial aid.
But these benefits for students can be vulnerabilities for budgets, said Novak, at St. Ambrose.
“We serve the poor. We educate the poor,” she said. “That is a risky financial proposition at the moment for small, regional institutions that are largely tuition-driven.”
The threats to smaller religiously affiliated institutions in rural areas stem largely from the downturn in the already short supply of high school graduates choosing to enroll. The proportion of such students going straight to college has fallen even more sharply in many largely rural states.
While they’re generous with their financial aid, religiously affiliated colleges are also generally more expensive than many other higher education institutions, at a time when many families are questioning the return on their investments in tuition. Median tuition and fees average $25,416 a year, according to the American Council on Education.
St. Ambrose and Mount Mercy, about 90 minutes away,are teaming up from positions of relative strength. Publicly available financial documents suggest that neither faces the immediate enrollment or financial crises that threaten many similar institutions. But their leaders say that they’re trying to fend off problems that could arise later. By joining forces, each can increase its number of programs while lowering administrative costs.
Reaction among students and alumni has been mixed.
Combining with St. Ambrose “was kind of nerve-racking at the beginning because it’s, like, ‘Oh, this is a lot of change,’ ” said Alaina Bina, a junior nursing major at Mount Mercy.
She picked the university in the first place because she liked the small, hilly campus.
“I came from a small town, so I didn’t really want to go bigger,” she said. “Even when I came here on a tour, people would say ‘Hi’ to each other. You just know everyone, and that’s kind of how it is in a small town, too.”
Students were worried about what name would appear on their degrees (the degrees will still say “Mount Mercy”) and whether sports teams that once competed against each other would be merged. Novak and Olson promised to keep their athletics programs separate and even add a sport at Mount Mercy: football, beginning in 2026.
Combining sports teams “would not be wise at all from a business perspective,” Olson said the two agreed, because they are “a powerful enrollment driver” for both schools.
Credit: Mike Rundle for The Hechinger Report
“Honestly, this was probably the biggest student concern,” said Nasharia Patterson, student government president at Mount Mercy, who was wearing a brace on her wrist from an awkward back tuck basket catch during cheer practice. Keeping the athletics teams “gives us a piece of Mount Mercy specifically to just hold on to.”
Among alumni, meanwhile, “there’s mixed feelings” about what’s happening to their alma mater, said Sarah Watson, a leadership development consultant who graduated from Mount Mercy in 2008.
Still, she said, “I know the great challenges that higher ed is facing right now. It’s not just Mount Mercy. It’s not just St. Ambrose. It’s the bigger schools, too. Enrollment numbers have dropped. The desire to go to a traditional four-year college is just not quite what it used to be.”
For Mount Mercy, which was founded by an order of nuns in 1928, Watson said, “If we don’t do this, what’s the alternative? We want to be around for another hundred years.”
After all, said Novak, the St. Ambrose president, “to watch universities close across the heartland because we can’t make it work will leave our communities fallow.”
Carroll, of the Catholic colleges and university association, said that many other religiously affiliated institutions are closely watching what’s happening at St. Ambrose and Mount Mercy.
“It’s a leap of faith,” she said. “And who better to take a leap of faith than a Catholic institution?”
Religiously affiliated colleges that have closed or merged, or announced that they will merge, since 2020
Alderson Broaddus University, West Virginia, Baptist
Alliance University, New York, Christian
Ancilla College, Indiana, Catholic
B. H. Carroll Theological Institute, Texas, Baptist
Birmingham-Southern College, Alabama, Methodist
Bloomfield College, New Jersey, Presbyterian
Cabrini University, Pennsylvania, Catholic
Cardinal Stritch University, Wisconsin, Catholic
Chatfield College, Ohio, Catholic
Clarks Summit University, Pennsylvania, Baptist
College of Saint Rose, New York, Catholic
Compass College of Film & Media, Michigan, Christian
Concordia College New York, Lutheran
Concordia University, Oregon, Lutheran
Eastern Nazarene College, Massachusetts, Christian
Finlandia University, Michigan, Lutheran
Fontbonne University, Missouri, Catholic
Holy Family College, Wisconsin, Catholic
Holy Names University, California, Catholic
Iowa Wesleyan University, Iowa, Methodist
Judson College, Alabama, Baptist
Limestone University, South Carolina, Christian
Lincoln Christian University, Illinois, Christian
MacMurray College, Illinois, Methodist
Magdalen College, New Hampshire, Catholic
Martin Methodist College, Tennessee, Methodist
Marymount California University, California, Catholic
Mount Mercy University, Iowa, Catholic
Multnomah University, Oregon, Christian
Nebraska Christian College, Nebraska, Christian
Notre Dame College of Ohio, Catholic
Ohio Valley University, West Virginia, Christian
Presentation College, South Dakota, Catholic
Rosemont College, Pennsylvania, Catholic
St. Louis Christian College, Missouri, Christian
St. Augustine College, Illinois, Episcopal
St. John’s University Staten Island campus, New York, Catholic
University of Saint Katherine, California, Orthodox Christian
Ursuline College, Ohio, Catholic
Wave Leadership College, Virginia, Christian
Wesley College, Delaware, Methodist
SOURCE: Hechinger Report analysis of news coverage and federal data.
The Hechinger Report provides in-depth, fact-based, unbiased reporting on education that is free to all readers. But that doesn’t mean it’s free to produce. Our work keeps educators and the public informed about pressing issues at schools and on campuses throughout the country. We tell the whole story, even when the details are inconvenient. Help us keep doing that.
Last week, the Supreme Court held oral arguments in a case that could undermine public education across America. The question the court is looking to answer is whether a religious institution may run a publicly funded charter school — a move that would threaten not only the separation of church and state, but the right of every student to access free, high-quality learning.
In 2023, Oklahoma’s Statewide Virtual Charter School Board approved St. Isidore of Seville Catholic Virtual School, an action that would make it the nation’s first-ever religious charter school. It would be governed by Catholic religious doctrine in its syllabus, operations and employment practices. It would use taxpayer dollars to pay for religious instruction. And it could turn away students and staff if their faith or identity conflict with Catholic beliefs.
Here’s the issue: Charter schools were created to be public schools. They are open to all students, from every background, tradition and faith community. They are publicly funded and tuition-free. And they are secular.
That’s not an arbitrary distinction – it’s a constitutional one, grounded in the law and embedded in charter schools’ very design. The First Amendment’s Establishment Clause bars the government from promoting or endorsing any religion through public spaces or institutions. This foundational rule has ensured that students of all backgrounds can access public schools. It does not stifle religious expression — the Constitution fully protects this freedom, and religious education is available in other venues. Personally, I was, in fact, educated at Jesuit Catholic schools for my entire academic career.
Parochial education has long been an accepted and important part of the education ecosystem, serving a variety of students and often filling an important need. Religiously affiliated schools have a long history of educating and caring for children who are new to this country and underserved, and supporting families who are overlooked. But promoting the exclusive teachings of a specific religion with public funds in a public school violates a clear constitutional principle.
The issue isn’t only a legal matter; it’s about the character of public education itself. Muddying the boundary between public and religious institutions would undercut a fundamental commitment made by the nation’s public charter schools: that they are accessible to every student. It would undermine legal protections that keep public services available to the public.
Rather than creating more opportunities for America’s students, it would constrict opportunities for a high-quality education, especially in states that are hostile toward charters or alternative public school models. Legislative bodies could seek to eliminate funding for all unique school types if the court decision forced them to fund religious schools operating with public dollars. This would curtail or dismantle strong independent schools, 30-year-old public charter schools and schools with unique programs designed for special populations.
As executive director of the DC Charter School Alliance, and a long-time public charter school advocate, I’ve seen the importance of public charter schools firsthand. Here in the District of Columbia, charter schools serve nearly half of the public school students in the city. Outstanding educators from all walks of life teach a wide range of subjects with enthusiasm and expertise to prepare young people for success. Our students bring to the classroom an incredible range of experiences, including faith traditions. And every student, family and faculty member is welcome. D.C.’s charter schools reflect a core American value: the promise of a high-quality public education for all.
The justices of the Supreme Court face a clear and critical choice: They can bolster that promise, or they can tear it down. If the court allows a religious school to operate with public funds, there is no doubt that it will open the floodgates to other proposals across the country. Taxpayers could be forced to foot the bill for countless new and converted schools, draining resources from an already financially strapped education system. True public charter schools — the ones committed to high standards, positive results and opportunity for all — could bear the cost. And the students who rely on them could suffer.
Public education is one of America’s most vital institutions. It offers all children, no matter their background or beliefs, access to free, high-quality learning. Charter schools play an essential role in making that promise real. But allowing a religious school to operate with public funds turns public education into something much more restrictive, dismantling its very foundation.
The court must reaffirm this indisputable truth: Public schools should remain public — and open to all.
Last month, amid a Trump administration broadside against diversity, equity and inclusion initiatives, government officials took aim at Georgetown University’s law school.
“It has come to my attention reliably that Georgetown Law School continues to teach DEI. This is unacceptable,” interim U.S. attorney for the District of Columbia Ed Martin wrote in a letter.
Martin announced he had launched “an inquiry into this” and asked Georgetown law school officials, “If DEI is found in your courses or teaching in anyway [sic], will you move swiftly to remove it?” He added that students and others “affiliated with a law school or university” that “continues to teach and utilize DEI” would not be hired “for our fellows program, our summer internship” or other jobs.
Martin’s letter, which was sent on Feb. 17 and quickly became public, prompted shock and outrage, with many observers noting that it was a clear affront to First Amendment rights at Georgetown. It also drew a quick—and pointed—response from the law school.
Georgetown Law dean William Treanor invoked both the First Amendment and the tenets of Catholic faith in his March 6 response to Martin, noting that the government cannot control curriculum.
“As a Catholic and Jesuit institution, Georgetown University was founded on the principle that serious and sustained discourse among people of different faiths, cultures, and beliefs promotes intellectual, ethical, and spiritual understanding,” Treanor wrote in a response that soon spread online. “For us at Georgetown, this principle is a moral and educational imperative. It is a principle that defines our mission as a Catholic and Jesuit institution.”
Given that multiple institutions have already complied with Trump directives to unwind DEI initiatives, despite numerous outstanding legal questions, Treanor’s response stood out as an uncommon example of a university holding its ground. It also raised a unique question for religiously affiliated institutions: Does religious freedom offer a defense against Trump’s attacks on DEI efforts?
A Faith-Based Defense for DEI
It might. For decades, faith-based colleges and universities have cited religious freedom in decrying federal meddling in their policies and practices.
Some institutions have argued in drawn-out legal battles that they’re exempt from federal rules that chafe against tenets of their faith, such as strictures related to gender and sexual orientation. They’ve similarly asserted in court that whom they hire or fire is within their theological purview. Such legal cases often revolve around the concept of church autonomy doctrine, a legal principle protecting the rights of religious institutions to govern themselves—including their internal operations.
Now, as Treanor’s letter suggests, the same argument could prove a powerful tool for pushing back against the onslaught of anti-DEI directives coming out of the Trump administration. Religious institutions that view diversity, equity and inclusion as core to their faith missions arguably have a layer of legal protection to defend DEI initiatives that their secular peers do not. They could also ostensibly challenge anti-DEI orders in court on religious freedom grounds at a time when the U.S. Supreme Court has displayed a warm disposition toward religious issues.
“It’s not an unreasonable argument,” said Charles Russo, Joseph Panzer Chair in Education and research professor of law at the University of Dayton, a Catholic—but not Jesuit—institution in Ohio. He emphasized that he was speaking on his own behalf, not the university’s.
Church autonomy doctrine is based on the idea that “we have the right to run our institutions consistent with what our beliefs are, and we don’t need people from the outside coming out telling us what we believe,” he added. Most DEI efforts are “certainly consistent with Christian values … to help the underprivileged, the downtrodden, the most in need.”
Jesuit colleges and universities, such as Georgetown, seem the most likely to consider venturing into this legal battleground, given the religious order’s emphasis on social causes. Many Catholic colleges—and Jesuit institutions in particular—were founded to serve burgeoning Catholic immigrant populations. In recent years, Jesuits founded several new institutions designed explicitly to support low-income students; those colleges, like Arrupe College in Chicago, have emphasized efforts to enroll and retain students from underrepresented groups.
But even if some Jesuit institutions do view DEI as central to their faith, it remains to be seen whether they’re willing to call on their religious identities to fight for it.
What Religious Colleges Said
They’re certainly not keen to do so publicly.
Of the 27 Jesuit universities that Inside Higher Ed contacted for this story, only two responded by deadline. Fordham University declined to comment, while Seattle University sent a link to a past statement from President Eduardo M. Peñalver that noted the institution “does not plan to make any immediate operational changes in response to [a Feb. 14 Dear Colleague letter] and will await new regulations or formal administrative guidance.” He added that resulting guidance will be studied carefully and the university will “either comply in a manner consistent with our Jesuit Catholic values … or—if that proves impossible—consider other legal avenues.”
The Association of Jesuit Colleges and Universities is also treading carefully.
“The member institutions of the Association of Jesuit Colleges and Universities share a mission based on long-standing Catholic religious beliefs and values in the Jesuit traditions, which affirm the equal dignity of every human being and of the human family in all its diversity. As noted by the dean of Georgetown Law, we are all ‘founded on the principle that serious and sustained discourse among people of different faiths, cultures and beliefs promotes intellectual, ethical and spiritual understanding,’” an AJCU spokesperson told Inside Higher Ed by email.
AJCU did not answer specific questions sent by Inside Higher Ed.
Raymond Plaza, director of Santa Clara University’s Office for Diversity and Inclusion and chair of AJCU’s Diversity and Equity Network, offered a defense of DEI initiatives. Speaking in his personal capacity, Plaza argued that DEI work has been deliberately misconstrued by its critics.
“DEI is not about divisions or separation, it’s about how can I create a space where people can be their authentic selves and thrive?” Plaza said. “It’s not that this group thrives while the other one doesn’t.”
He emphasized the need to create an environment where all students feel welcome. “At the end of the day, it’s really about how we build community on our campuses,” Plaza said.
A review of university DEI pages shows that many Jesuit institutions cite their religious beliefs in support of such initiatives. Some emphasize social justice and inclusion as tenets of their faith.
“Inspired by the Catholic and Jesuit tradition, our community believes that every human being is a profound gift of God, deserving of both dignity and opportunity,” Creighton University’s website reads. “We thus strive to acknowledge and celebrate diversity at Creighton—building equitable, inclusive, welcoming spaces and relationships that are required for every person to thrive.”
Some institutions even note their antiracism efforts.
“At LMU, the goal of diversity, equity, and inclusion is to actively cultivate an anti-racist institutional climate that supports inclusive excellence and fights systemic oppression,” Loyola Marymount University’s website reads, adding that such values are “intrinsic” to their mission.
But other Jesuit universities appear to have backtracked in the face of Trump’s attacks on DEI.
The University of Scranton, for example, overhauled its DEI page in recent weeks, removing references to systemic racism and the “historically unfair and unjust treatment of Black, Indigenous, and People of Color,” according to an archived page available on the Wayback Machine.
Le Moyne University also removed BIPOC references, identity-based resources and an “oath of diversity and inclusion” from its DEI page, an archive on the Wayback Machine shows. Le Moyne officials also told the student newspaper that the university is considering changing the name of its Equity, Diversity, Inclusion and Belonging office due to federal attacks on DEI efforts.
An Untested Strategy
Just because Jesuit institutions aren’t openly using religious freedom as a rationale for preserving DEI, it doesn’t mean the idea is without merit, legal and Catholic higher ed scholars say.
Russo hasn’t seen any religious college call on its faith mission to defend DEI in court—at least not yet. While the idea is “floating around out there, it has not yet made much of a judicial splash,” he said.
Still, he believes it’s a plausible legal argument that could receive a “strong reception” in the Supreme Court, provided colleges aren’t defending practices that directly butt up against the court’s ruling on race-conscious admissions. He believes the overall message of Treanor’s letter to Martin is “on the mark.”
“I don’t think anybody would disagree that helping those most in need, however we describe that, is consistent with Christian values,” Russo said.
Donna Carroll, president of the Association of Catholic Colleges and Universities, agreed equity is a “mission-critical commitment” for most Catholic higher ed institutions.
“For Catholic colleges and universities, DEI work is a long-held expression of mission and of the Catholic social teaching that anchors it—including a commitment to the dignity of each person, a solidarity with the vulnerable and less advantaged, and a care for the common good,” Carroll wrote to Inside Higher Ed. “All this is foundational to who we are, what and how we teach, and the services that we provide.”
She sees Martin’s inquiry into Georgetown Law School as a disturbing challenge to academic freedom but isn’t sure if there’s a “threshold that might trigger concern about religious freedom” for Catholic institutions.
“With so much uncertainty, it is hard to say,” she said. “And such a determination would require sectorwide discussion.”
The case will determine whether a state violates the First Amendment’s Free Exercise Clause by excluding privately run religious schools from the state’s publicly funded charter school program. It will also decide whether a private religious school’s curriculum and practices are considered “state action” because the state funds the school’s free education.
St. Isidore — which is to be run by the Archdiocese of Oklahoma City and the Diocese of Tulsa — was set to open for the 2024-25 school year as a virtual school, but did not do so due to the ongoing litigation around its constitutionality. Had it opened, it would have been the nation’s first religious charter school.
The Oklahoma Statewide Virtual Charter School Board approved the school’s contract in 2023 in a 3-2 vote. At the time, board members acknowledged the decision to be controversial and said they expected litigation whichever way their vote went.
That contract was ultimately severed in August 2024 following an Oklahoma Supreme Court ruling that found the school would violate the state’s constitution and the First Amendment’s Establishment Clause. The contract could, however, be reinstated depending on the U.S. Supreme Court’s decision.
Justice Amy Coney Barrett plans to recuse herself from the case. No date has been set for oral arguments.
