Crosspoint Christian School in Bangor, the school at the heart of a U.S. Supreme Court decision that allowed religious schools to participate in Maine’s tuition assistance program, is now appealing a ruling that upholds the state’s anti-discrimination law. The appeal challenges the law’s requirement that schools in the program comply with the Maine Human Rights Act, which includes protections for LGBTQ students and faculty.
Legal Challenge Over State Antidiscrimination Law
David Hacker, an attorney from the First Liberty Institute representing Crosspoint Church, criticized the Maine Legislature for amending the law following the Supreme Court ruling. He argued that the revised law was designed to prevent religious schools from benefiting from the Court’s decision.
“The Maine Legislature largely deprived the client of the fruits of their victory by amending the law,” Hacker stated. “It’s engineered to target a specific religious group. That’s unconstitutional.”
The appeal was filed this week with the 1st U.S. Circuit Court of Appeals in Boston, seeking to overturn a previous ruling that upheld the state’s anti-discrimination requirement for schools participating in the tuition program.
Impact of Supreme Court Decision on Maine’s Tuition Program
The legal dispute stems from the 2022 U.S. Supreme Court ruling, which mandated that Maine could no longer exclude religious schools from its tuition assistance program. The program provides tuition support to families in rural areas without public high schools, allowing students to attend private schools, including religious institutions.
While the decision was seen as a victory for school choice advocates, the practical impact in Maine has been limited. To date, only one religious school, Cheverus High School, a Jesuit institution in Portland, has opted into the program.
Additional Lawsuits Challenge State Law
The Crosspoint Church case is not the only legal battle over Maine’s anti-discrimination law. A similar lawsuit was filed on behalf of the Roman Catholic Diocese of Portland, St. Dominic’s Academy in Auburn, and several parents who wish to send their children to the Catholic school using state tuition funds. Both cases are now being appealed to the same court, the 1st Circuit.
The lawsuits center around the conflict between the Supreme Court’s ruling and Maine’s requirement that schools in the tuition program comply with the Maine Human Rights Act, which prohibits discrimination based on sexual orientation and gender identity. The plaintiffs argue that these provisions violate their religious freedoms.
