On September 3, a Christian school took legal action against Maine, challenging a new state law that they argue is designed to sidestep a U.S. Supreme Court ruling.
The law in question, referred to as a “poison pill” by the school, is alleged to block Christian institutions from joining Maine’s school choice program.
Background of the Case
The appeal was filed by First Liberty Institute and Consovoy McCarthy PLLC on behalf of Crosspoint Church, which operates Bangor Christian Schools (BCS).
The legal team is asking the U.S. Court of Appeals for the First Circuit to overturn a previous court decision that upheld Maine’s law.
The law is criticized in the lawsuit for effectively barring religious schools from participating in the program due to their beliefs.
Crosspoint Church, based in Bangor, runs Bangor Christian Schools, which offers education from preschool through 12th grade.
Maine’s School Choice Program
Maine’s school choice program, which is the second-oldest in the country, allows families in rural areas without public secondary schools to send their children to any public or private school of their choice.
However, a law introduced in the 1980s barred the use of tuition benefits at religious schools, requiring them to be “nonsectarian” to participate.
This restriction was challenged and overturned in the 2022 Supreme Court case Carson v. Makin, which found the exclusion of religious schools discriminatory.
Maine’s New Law and Its Implications
In response to the Supreme Court ruling, Maine modified the law to compel BCS to violate its religious principles if it wanted to be part of the program.
The lawsuit argues that this new law is intentionally designed to discourage religious schools from participating, thus perpetuating the religious discrimination that the Supreme Court aimed to address.
The lawsuit claims that the intent behind the law was acknowledged by Maine’s attorney general and the then-speaker of the House of Representatives.
Reaction from Maine Officials
Maine Attorney General Aaron Frey criticized the Supreme Court decision in a 2022 press release, expressing concern that public funds could be used to support discrimination and intolerance.
Frey argued that public education should promote a range of viewpoints and prepare students for a diverse society, contending that some religious schools might contradict these values.
Current Appeal and Future Steps
The recent appeal argues that Maine’s enforcement of the sectarian exclusion was selectively applied, targeting specific religious schools based on their beliefs.
Camille Varone, associate counsel for First Liberty Institute, emphasized the need for families to have the freedom to choose the best educational options without unconstitutional state interference.
Varone highlighted that, despite Maine’s long-standing exclusion of religious schools from the school choice program, the Supreme Court has made it clear that such discrimination must end.
The next steps in this legal battle will be closely watched to see how the court addresses these issues.
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