PORTLAND, Maine: A federal judge has ruled that the state of Maine did not violate the U.S. constitutional rights of religious schools when it told them to abide by the state’s antidiscrimination law to receive taxpayer-funded tuition assistance
But the judge believed a higher court will ultimately have the final say.
U.S. District Judge John Woodcock Jr. said he did not see any constitutional violation if religious schools were asked to abide by the Maine Human Rights Act.
“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 antidiscrimination law,” the judge was quoted by The Associated Press.
A notice of appeal to the 1st U.S. Circuit Court of Appeals in Boston was filed late last week, a day after Woodcock issued his 75-page decision rejecting the plaintiffs’ request for an injunction.
The lawsuit focuses on the collision between a 2022 U.S. Supreme Court ruling that Maine cannot discriminate against religious schools in providing tuition assistance and a state law requiring that schools participating in the tuition program must abide by the Maine Human Rights Act, which includes protections for LGBTQ students and faculty.
State legislators amended the Maine Human Rights Act regarding how it applies to schools before the Supreme Court decision. The law bans discrimination based on race, gender, sexual orientation, ethnicity or disability. This means schools must not discriminate against gay and transgender teachers and students, which could conflict with some religious schools’ beliefs.
Adele Keim, senior counsel for Becket Law, representing the plaintiffs, accused Maine lawmakers of using the antidiscrimination measure to “make an end run around the Supreme Court” to specifically prevent the participation of religious schools. She also said the law is applied unevenly because the state has funded an all-girls school in Massachusetts.
The lawsuits were filed after the justices ruled 6-3 that Maine cannot discriminate between secular and religious schools when providing tuition assistance to kids in rural communities that don’t have a public high school. The program allows those students to attend another school, public or private, of their choosing.
School choice proponents hailed the high court’s decision as it gave life to efforts in some of the states that have not sent taxpayer money to private, religious education.
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Publish date : 2024-08-15 00:02:00
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