In 2022, the U.S. Supreme Court held that Maine cannot exclude parochial schools from participating in its program that pays tuition for certain out-of-district students. While that litigation was pending, the Maine legislature amended state law to provide that schools receiving state funds cannot discriminate on the basis of religion, sexual orientation or gender identity. This had the effect of excluding Catholic and certain other Christian schools. On Monday, the U.S. 1st Circuit Court of Appeals heard oral arguments in two cases challenging that anti-discrimination law on free exercise grounds:
One case was St. Dominic Academy v Makin (audio of full oral argument). In the case, a Maine federal district refused to preliminarily enjoin enforcement of Maine's educational and employment antidiscrimination laws in a suit brought by a Catholic diocese, a Catholic school and a Catholic family. (See prior posting.) Becket issued a press release giving additional background.
The second case was Crosspoint Church v Makin (audio of full oral argument). In the case, a Maine federal district court refused to enjoin application of the state's educational antidiscrimination laws against a private Christian school. (See prior posting.) First Liberty Institute issued a press release giving additional background.
