Bangor Christian Schools

Religious schools have the First Amendment right to adhere to specific standards of faith and morality for the members of their community. 

The state of Maine’s school choice program has been providing families with options for over 100 years—the second oldest school choice program in the country. The tuitioning program allows parents who live in school districts that do not operate a high school to send their children to the public or private school of their choice.  

Since 1970, Bangor Christian Schools (“BCS”), a ministry of Crosspoint Church in Bangor, Maine, has assisted families in educating the next generation through academic excellence and spiritual maturity. BCS welcomes students from Christian families of all backgrounds, races, ethnicities and life experiences to join with their voluntary community and live according to guidelines of practices, principles, expected behavior and moral conduct consistent with the school’s deeply and sincerely held religious beliefs, which are clearly defined and prominently stated in the annual enrollment contract signed by each student and their parent(s).  

In 1980, the state limited the program to “non-sectarian” schools and that ruling remained unchanged for 40 years until the Supreme Court’s 2022 decision in Carson v. Makin halted that limitation. In that victory for religious liberty, the Court said the state could not discriminate against religious schools.   

In anticipation of the Supreme Court’s decision, the Maine legislature changed the law to require BCS to violate its sincerely held religious beliefs in order to participate. This “poison pill” imposes requirements that will prohibit BCS from teaching from its religious perspective or considering in admissions applicants’ alignment with the school’s statement of faith and religious educational mission. 

In response, First Liberty Institute and Consovoy McCarthy PLLC filed a lawsuit and motion for preliminary injunction in the United States District Court for the District of Maine in March 2023. In early 2024, the court rejected FLI’s motion for summary judgement, but set the case on course for appeal to the U.S. Court of Appeals for the First District.

In January 2025, attorneys asked the U.S. Court of Appeals for the First Circuit during oral argument to reverse the lower court’s decision.

In July 2026, the court upheld parts of the Maine law designed to prevent religious schools from participating in its school choice program. Attorneys 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.”