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.    

According to the motion filed by attorneys, “This “poison pill” effectively deters religious schools from participating and thereby perpetuates the religious discrimination at the heart of the sectarian exclusion. From the start, Maine’s Attorney General and the then-Speaker of the House of Representatives admitted this scheme was intentional. The Legislature crafted the poison pill explicitly to circumvent the Supreme Court’s decision in Carson. The poison pill also specifically targeted Plaintiff, who operates the school that two of the Carson plaintiffs attended. Defendants’ enforcement of the Maine Human Rights Act to discriminatorily exclude Plaintiff, who operates an otherwise qualified school, from becoming approved for tuition purposes violates the Free Exercise, Establishment, and Free Speech Clauses of the U.S. Constitution.” 

“Maine lost at the U.S. Supreme Court just last year but is not getting the message that religious discrimination is illegal,” said Lea Patterson, Counsel for First Liberty Institute. “Maine’s new law imposes special burdens on religious schools in order to keep them out of the school choice program. Government punishing religious schools for living out their religious beliefs is not only unconstitutional, it is wrong.” 

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.

Patterson said of the decision, “Government punishing religious schools for living out their religious beliefs is not only unconstitutional, it is wrong. Maine excluded religious schools from its school choice program for over 40 years, but the U.S. Supreme Court made it clear that such religious discrimination must end.  We look forward to appealing this decision and presenting our case to the Court of Appeals.”

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.

“Maine excluded religious schools from its school choice program for over 40 years, but the U.S. Supreme Court made it clear in Carson v. Makin that such religious discrimination is unconstitutional,” said Jeremy Dys, Senior Counsel for First Liberty Institute. “Now, our clients would be punished with heavy fines if they hold to their religious beliefs.  We hope the court puts an end to Maine’s tactics, which are odious to our Constitution.”