A Christian school in Bangor, Maine, is appealing a ruling that upholds a requirement for all participating schools in a state tuition program to adhere to a state antidiscrimination law. The school, Crosspoint Church, had previously won a Supreme Court decision that mandated Maine to include religious schools in the tuition program. However, the recent ruling has been viewed as a setback by the school's attorney, who accused Maine lawmakers of using the antidiscrimination law as a barrier for religious schools.
The appeal was filed by the First Liberty Institute to the 1st U.S. Circuit Court of Appeals in Boston, arguing that the application of the antidiscrimination law targets a specific religious group and is deemed unconstitutional. This legal battle is part of a broader issue in Maine, where another lawsuit involving the Roman Catholic Diocese of Portland and St. Dominic’s Academy in Auburn is also being appealed to the 1st Circuit.
Both cases stem from the clash between a 2022 U.S. Supreme Court ruling and a state law that mandates schools participating in the tuition program to comply with the Maine Human Rights Act, which includes protections for LGBTQ students and faculty. The federal judge overseeing both cases in Maine has acknowledged that his rulings are a prelude to a more definitive decision by the appeals court.
These legal challenges emerged following the Supreme Court's ruling that states cannot differentiate between secular and religious schools in providing tuition assistance to students in rural areas without public high schools. Prior to this ruling, religious schools were excluded from the program. Despite the victory for school choice advocates, the impact in Maine has been limited, with only one religious school, Cheverus High School, participating in the state's tuition reimbursement plan since the ruling.
