The story: A federal judge’s ruling means that Maine can continue to bar religious schools from a state school choice program, despite a 2022 U.S. Supreme Court ruling that struck down an outright ban.
Setting the stage: As the U.S. Supreme Court weighed the landmark Carson v. Makin, Maine extended its anti-discrimination law to private schools participating in its town tuition program.
The other Makin case: A Catholic school and a rural family sued, arguing the law forces religious schools to set aside their beliefs if they want to access public tuition subsidies. That, they contend, conflicts with the 2022 Carson ruling, which cleared the way for public funding of religious private schools.
U.S. District Judge U.S. John Woodcock Jr. denied the plaintiffs’ request for a preliminary injunction, saying the case was unlikely to succeed. However, his ruling said he expects a higher court to have the final say.
“The plaintiffs are free to practice their religion, including the teaching of their religion as they see fit, but cannot require the state to subsidize their religious teachings if they conflict with state anti-discrimination law,” Woodcock wrote in a 75-page ruling.
Why it matters: The case, St. Dominic v. Makin, along with a similar lawsuit filed by other Maine families, raises a key question that echoes other education choice cases: Can states require religious schools to adopt policies that conflict with their beliefs to accept public money?
- The same question has also arisen in the debate over the Oklahoma state government’s approval of St. Isidore Catholic charter school. School supporters appealed to the U.S. Supreme Court after Oklahoma’s high court struck down the program. Some legal experts warn that if Oklahoma wins, it could open the door to religious charter schools while slamming it shut on their ability to uphold church teachings.
Yes, but: A 2020 U.S. Supreme Court ruling said teachers at religious schools are not covered by federal employment discrimination laws if their roles are “ministerial.” Whether that line of reasoning could play a role in Maine and Oklahoma has yet to be determined.
Catch up quick: Maine is one of a handful of northeastern states that allows students in areas without public high schools to receive “town tuition” funds to attend nearby private schools. Maine banned religious schools from participating in 1982 after including them for nearly a century. Three families sued the state in 2018 on the grounds of religious discrimination, resulting in the 6-3 Carson decision.
Adèle Keim, senior counsel at Becket Law, representing St. Dominic Academy and a Catholic family, accused the state of making an end run around Carson. She also said the state allows out-of-state schools to participate and admits it does not police their policies. “St. Dominic is just asking for the same treatment Maine already gives to other private schools.”
The state’s response: The state attorney general did not comment on the federal judge’s ruling. However, in a statement shortly after the Carson ruling, he said he was “terribly disappointed and disheartened” by the decision and called the education offered by certain religious schools “inimical to public education.”
To be continued: The plaintiffs have already appealed to the First Circuit Court of Appeals in Boston.
