In
Bethel Ministries, Inc. v. Salmon, (D MD, April 15, 2020), a Maryland federal district court refused to stay discover in a suit by a Christian school challenging its disqualification from Maryland's scholarship program for non-public schools. Bethel Christian Academy was denied funds because of its failure to comply with non-discrimination requirements which include a ban on discrimination on the basis of sexual orientation and gender identity. Maryland school officials had sought a stay because of the U.S. Supreme Court's
grant of certiorari in
Fulton v. City of Philadelphia. In refusing a stay, the district court said in part:
[T]he Supreme Court’s decision in Fulton might provide useful guidance for this Court’s resolution of Bethel’s claims. Even so, this Court is disinclined to stay proceedings because of a theoretical possibility....
By the nature of the claims presented in this case, a delay of more than a year would have a significant effect on Bethel’s enrollment, and its ability to budget for the academic year. Irrespective of the ultimate result of this matter, Bethel and Defendants would be better served by entering the 2020-2021 school year with this litigation moving closer to a definitive conclusion.
