It may be discriminatory to exclude faith-based schools from state-funding for private education, Justices suggested during oral arguments at the US Supreme Court on Wednesday.

A Catholic school in Oklahoma has challenged its exclusion from charter-school funding as unconstitutional and its case was heard by the Court this week.

“You can’t treat religious people and religious institutions and religious speech as second class in the United States,” said Justice Brett Kavanaugh.

He added that to have a program open to all private institutions except those that are religious “seems like rank discrimination.”

Justice Samuel Alito expressed concern about religious discrimination by the state, noting that the rejection of St. Isidore “seems to be motivated by hostility” toward particular religions.

A victory for the school could provide a lifeline for Catholic schools in particular, which have been losing students as tuition rises.