News Release
For Immediate Release: 7.7.26
Contact: John Manning, media@firstliberty.org
Direct: 972-941-4453
Federal Court Upholds Maine Laws Forcing Religious Schools to Adopt State’s Gender Ideology
Attorneys plan to seek review of a decision that threatens faith-based institutions.
Boston, MA—The U.S. Court of Appeals for the First Circuit upheld, in part, a Maine law passed after the state lost in Carson v. Makin, which the state designed to prevent religious schools from participating in its school choice program. First Liberty Institute and Consovoy McCarthy PLLC, which represent Crosspoint Church and Bangor Christian Schools (“BCS”), plan to appeal the decision.
“We are disappointed that though the First Circuit acknowledges that religious institutions can teach what they believe, it would then refuse to allow conduct consistent with those beliefs,” said Jeremy Dys, Senior Counsel for First Liberty Institute. “Religious education plays a critical role in our diverse society, but Maine’s leadership will not tolerate conduct consistent with those religious beliefs. As the U.S. Supreme Court has repeatedly said, punishing religious institutions for being religious is odious to our Constitution.”
In an opinion issued late last week, the court ruled that state rules allow schools to hold religious beliefs and apply them in hiring practices, but at the same time upheld a rule that “bars discrimination in all the same activities on the basis of sexual orientation or gender identity,” leaving BCS unable to actually apply its beliefs regarding, among other things, human sexuality. For instance, it would leave the school vulnerable to legal action if it continues to provide separate men’s and women’s sports teams, restrooms, or locker rooms. The court also held that the state could force BCS to accept students who do not align with the school’s faith requirements in order to participate in the tuitioning program.
Maine’s tuitioning program is the second oldest school choice program in the nation. It allows parents to send their children to the public or private school of their choice—something that is especially important in the rural areas of Maine. From 1980 until the Supreme Court’s 2022 decision in Carson v. Makin, parents could not use their tuition benefit at a religious school. But in anticipation of the Supreme Court’s decision striking down Maine’s religious discrimination, the Maine legislature changed the law, imposing its laws on religious schools in such a way that would require BCS either to violate its sincerely held religious beliefs or face hefty fines for operating their school according to religious beliefs government officials denigrate as discriminatory.
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About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact John Manning at media@firstliberty.org or by calling 972-941-4453.
