Religious schools got what they wanted when the Supreme Court allowed them to participate in a state enrollment program.
But the state attorney general said the ruling will be in no way unless schools are willing to comply with the same anti-discrimination law as other private schools participating in the program.
A family lawyer criticized the “knees” comments and the leader of a religious group predicted more litigation.
The Supreme Court ruled Tuesday that Maine cannot exclude religious schools from a program that offers tuition for private education in cities that do not have public schools. But the religious schools did not have much time to savor their victory before meeting a new obstacle.
Attorney General Aaron Frey said the two Christian schools involved in the lawsuit have policies that discriminate against students and staff on the basis of sexual orientation or gender identity, preventing them from participating in the enrollment program despite the tough litigation.
“The education offered by the schools in question here is contrary to public education. They promote a single religion to the exclusion of all others, refuse to admit gay and transgender children, and openly discriminate against hiring teachers and staff. “he said in a statement.
There was no immediate comment from two schools, Temple Academy in Waterville or Bangor Christian Schools.
Michael Bindas, chief attorney for the Institute of Justice, said the attorney general is not paying much attention to the Supreme Court’s commitment to religious freedom in recent years.
“It was a misconception by the Maine attorney general that wrapped the state in five lawsuits spanning three decades and culminated in the Supreme Court ruling against the state,” Bindas said in a statement Thursday. “The current attorney general doesn’t seem to have learned any lessons from that experience.”
If the state really intends to use state law to create another hurdle, more litigation will inevitably be said, said Carroll Conley, executive director of the Maine Christian Civic League.
The original demand for three families applying for reimbursements to attend Christian schools dates back to 2018, but goes back even further.
The state always tried to maintain a solid line between church and state by reimbursing private schools, but not religious schools. The aim was to provide rural students without a public high school with an education similar to that received by public school students.
In Maine, 29 private schools are participating in the program, enrolling 4,526 students, officials said. Private schools that meet state criteria can get about $ 12,000 in taxpayer funding per student.
The most immediate effect of the court ruling beyond Maine will likely be in nearby Vermont, which has a similar program.
The Supreme Court’s 6-3 decision could boost school choice in some of the 18 states that have not earmarked taxpayer money for private religious education. It was seen as a statement for states that already have voucher programs open to religious schools.
But all schools that receive state enrollment must comply with the Maine Human Rights Act, which prohibits discriminating against someone on the basis of race, gender, sexual orientation, ethnicity, or disability, Frey said.
The legislature in the last session strengthened the law that clarified the scope of the Maine Human Rights Act in education. Democratic Gov. Janet Mills signed the bill last year.
The updated law, sponsored by Democratic Sen. Craig Hickman, the first openly gay African American to serve in both houses of the Legislature, prohibits discrimination in education because of “sex, sexual orientation or gender identity,” among other things.
The American Association of Christian Schools, for its part, set aside concerns about discrimination against the LGBTQ community.
“We don’t see it as discrimination at all. We have a set of principles and beliefs that we believe promote prosperity, the good life, so to speak, and we partner with parents who share that view,” he said. . Jamison Coppola, spokesman for the association.
The main plaintiffs, Dave and Amy Carson, were students of Conley when he used to be principal in the Christian schools of Bangor.
Conley said the attorney general “put the glove on” for religious schools, but said the legal precedent favored schools.
Dave Carson, meanwhile, said his family will not benefit from the sentence because his daughter is already young at Husson University. But he said he did not think it right for the state to try to make cuts.
“As long as it’s an accredited school, students should be able to go wherever they want,” he said. “You’re teaching the basics. If you also want to have a Bible class, then this is your parents’ choice, not someone in Augusta.”
Bindas said the attorney general should do a “sober reflection” on how best to balance parental rights in litigation and the state’s anti-discrimination interests.
“It is possible to develop policies that respect the concerns of both LGBTQ rights advocates and religious freedom advocates, but only if elected officials are truly committed to that task,” he said.
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Associated Press writer Collin Binkley in Boston contributed to this report.
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