Two Christian schools in Maine are arguing that should be allowed to accept state funding despite not wanting to follow Maine’s human rights law in court. Auburn’s St. Dominic Academy, and Crosspoint Church, which operates Bangor Christian Schools have separately sued the state in 2023. A judge denied the churches’ requests for an emergency ruling to allow the schools to receive government funds.
Both cases were initially heard in a lower federal court. After the churches appealed the lawsuits went Court of Appeals for the First Circuit, which heard arguments Tuesday. In 2022, the Supreme Court Ruled that religious schools receive state funding. However, the state of Maine passed the Maine Human Rights Act, which has protections for LGBTQ+ students and staff.
To receive any money from the state government, schools must abide by the law. The state funding is part of “town tuitioning.” This is a program where students in specific towns, without public high schools, can attend other public or private schools. Tiffany Bates, the attorney representing Crosspoint, says that Maine’s laws which keep state funding from religious schools violate the U.S. Constitution.
The lawyer says that Bangor Christian Schools will face hardship because the school cannot participate in the state tuition program without violating either its own beliefs or the state’s human rights act. She said that The state appears to believe that BCS can separate its religious beliefs from its religious identity. It cannot.” Specifically, the issue of preferred programs has been an issue.
St. Dominic says that is “untenable,” because of the teachings of the Roman Catholic Church and Pope Francis. Cheverus High School, a Jesuit college preparatory school in Portland, is a religious school that participates in the program. Maine Attorney General Christopher Taub is unempathetic and he represents the state in both lawsuits.
He says “Maine has treated religious schools exactly like non-religious schools in the tuition program.
“Crosspoint is not looking for equal treatment. It’s not looking to be treated equally to non-religious schools.” He says Crosspoint is looking for preferential treatment. According to the official, every other school that receives public tuition payments in the program must comply with the Maine Human Rights Act. Despite First Amendment claims, the AG is confident he will win.
Adele Keim, St. Dominic’s attorney, says Maine has been “playing a lot of games” throughout the lawsuit, making the position unclear at times. She believes that Maine wants to deprive the school of its right to hire based on its religious beliefs about gender, marriage, or sexuality. Tuab denies these allegations and maintains that the state is entirely within its rights.
Taub says that Maine “never played games.” He clarified that the Human Rights Act exempts religious organizations that do not take state funds. Only once a school takes funds, are they required to follow the act. According to the AG, If an organization takes state money, it can no longer discriminate against someone based on their status, like being an LGBTQ+ person. The lawsuit is ongoing and will likely continue for months to come.