Two Maine schools are trying to receive public funds and discriminate against students. Any school that wants to participate in a state-funded education program must play by the same rules as all others.
The ACLU of Maine, ACLU, and Americans United for Separation of Church filed briefs with the U.S. Court of Appeals last week arguing that private religious schools that receive public dollars cannot discriminate against students based on religion, sexual orientation, gender identity, disability, or other protected characteristics. The briefs were filed in the United States Court of Appeals for the First Circuit in St. Dominic Academy v. Makin and Crosspoint v. Makin.
For decades, Maine has paid tuition for students to attend approved private schools in districts where no public school exists, Following the Supreme Court’s 2022 decision in Carson v. Makin, religious schools became eligible to receive these public funds. However, these schools must still comply with the Maine Human Rights Act’s anti-discrimination provisions, which prohibit discrimination based on religion, sexual orientation, gender identity, disability, and more.
Crosspoint Church and St. Dominic Academy sued the state in March and June 2023, respectively, arguing they should be allowed to receive public funding without being required to follow the same anti-discrimination laws that apply to all other schools. The schools seek to obtain government funds and an exemption from Maine’s civil rights laws so they can continue discriminating against students based on their faith, sexual orientation, and gender identity. In February and August 2024, the United States District Court for the District of Maine rejected these arguments, keeping Maine’s anti-discrimination protections in place. The court reasoned that Maine’s antidiscrimination laws are neutral and apply generally, so they do not target the free exercise of religion. The schools appealed to the First Circuit in June and August 2024.
“Any school that chooses to participate in a state-funded education program must comply with the same state regulations as all other participants, including the state’s anti-discrimination laws,” said ACLU of Maine Legal Director Carol Garvan. “No court has ruled that schools can use public dollars to discriminate, and this court should not be the first.”
The cases mark the beginning of a new front in the national legal landscape that threatens to give religious schools a license to discriminate using taxpayer dollars. Following the Supreme Court’s 2022 decision in Carson v. Makin, Crosspoint Church and St. Dominic are among the first educational institutions in the country to argue to a federal appeals court that they should be permitted to receive public funds and allowed to discriminate.
Oral arguments in both cases are scheduled on Tuesday, January 7, 2025, at 9:30 a.m., at the United States Court of Appeals for the First Circuit in Boston.
Read the amicus briefs in the PDFs at the bottom of this page.
