Lawsuit contends Maine law hinders school choice ruling effects

In Portland, Maine, a Christian school involved in a Supreme Court case that required Maine to include religious schools in a state tuition program is now appealing a ruling that upholds a requirement for all participating schools to adhere to a state antidiscrimination law. An attorney for Crosspoint Church in Bangor accused Maine lawmakers of creating a barrier for religious schools by applying the antidiscrimination law following the Supreme Court victory. The appeal was filed by David Hacker from the First Liberty Institute to the 1st U.S. Circuit Court of Appeals in Boston, citing that the law was specifically targeting a religious group, which they believe is unconstitutional.
In Maine, there are two lawsuits addressing the conflict between the 2022 U.S. Supreme Court decision and the state law that mandates participating schools in the tuition program to comply with the Maine Human Rights Act, which includes protections for LGBTQ individuals within the school community. Another lawsuit raising similar concerns was filed on behalf of the Roman Catholic Diocese of Portland, St. Dominic’s Academy in Auburn, Maine, a Roman Catholic-affiliated school, and parents who wish to utilize state tuition funds for their children’s education at St. Dominic’s. This case is also under appeal to the 1st Circuit.
These lawsuits were overseen by the same federal judge in Maine, who acknowledged that his decisions would pave the way for a more significant ruling by the appeals court. The legal actions followed a U.S. Supreme Court verdict that prohibited states from discriminating against religious schools in tuition assistance programs for students in rural areas lacking public high schools. Before this ruling, religious schools were excluded from such programs. Although the Supreme Court’s decision was considered a win for proponents of school choice, its impact in Maine has been limited. Since the ruling, only one religious school, Cheverus High School, a Jesuit college preparatory institution in Portland, has participated in the state’s tuition reimbursement plan, according to a state spokesperson.