Schools Must Follow Anti‑Discrimination Rules When They Get State Money

A federal appeals court has ruled that private religious schools receiving public funds in Maine must follow the state’s anti‑discrimination laws. The decision came after Saint Dominic Academy in Auburn and the Bangor Christian Schools operated by Crosspoint Church sought an exemption from the Maine Human Rights Act. They argued that certain provisions would force them to admit students or use language contrary to their faith.

Key Points of the Ruling

• Affirmation of Lower Court
  The appeals court largely agreed with a district judge who denied the schools’ exemption request.

• Review of Religious‑Expression Rule
  The court will examine how the state’s rule, which could require schools to provide equal space for other faiths during class, applies to publicly funded institutions. The rule may conflict with a religious school’s mission.

• Funding Landscape
  Maine has long allowed towns without public schools to send students to approved private schools, paying tuition up to a set limit. Religious schools were excluded from this program until the U.S. Supreme Court declared the exclusion unconstitutional in a 6‑3 decision, citing First Amendment rights.

• Legislative Updates
  Lawmakers added language to the Human Rights Act making discrimination on gender identity or religion illegal in education. A carve‑out remains: schools not receiving public money may still discriminate on sexual orientation.

Schools’ Arguments

• Forced Admissions
  Saint Dominic and Crosspoint claimed the new law would compel them to accept students whose identities clash with their beliefs.

• Practical Concerns
  They feared that following the act could require teachers to use pronouns or admit students who might later be expelled for not aligning with the school’s values.

• Prior Legal Action
  In 2023, they petitioned a federal judge to block the changes. The district judge denied both requests, stating the law was neutral toward religion and did not violate the First Amendment.

Court’s Decision

• Admissions and Preference
  Schools receiving public money cannot refuse admission based on gender identity or sexual orientation, nor can they favor a particular faith in applicant selection.

• Allowed Practices
  Schools may still require students to attend religious services or uphold the school’s mission, provided they do not discriminate.

• Religious‑Expression Rule
  One issue was remanded to the lower judge: whether the rule interferes with a school’s ability to maintain its faith-based environment. The judge noted that the rule could compel a Christian school to allow non‑Christian prayers, potentially undermining its religious purpose.

Broader Context

This case reflects a national debate over the intersection of public funding and religious neutrality in education. The Supreme Court is set to hear a similar issue involving preschool funding and religious neutrality in Colorado. While past rulings have favored religious schools, this new decision underscores that public funding still brings equal‑opportunity obligations.