Religious schools got what they wanted when the Supreme Court allowed them to participate in a state curriculum.
But the chief prosecutor said the decision would be in vain unless schools wanted to comply with the same anti-discrimination law as other private schools participating in the program.
A family lawyer has criticized the “knees” comments, and the leader of a religious group has predicted further litigation.
The Supreme Court ruled Tuesday that Maine cannot exclude religious schools from a program that offers private education in cities that do not have public schools. But religious schools did not have much to enjoy their victory before learning of a new obstacle.
Attorney General Aaron Frey said both Christian schools involved in the trial have policies that discriminate against students and staff on the basis of sexual orientation or gender identity, preventing them from participating in the curriculum despite the persistent trial.
“The education provided by the schools considered here is hostile to public education. “They promote one religion, excluding everyone else, refuse to accept gay and transgender children, and openly discriminate in hiring teachers and staff,” he said in a statement.
There was no immediate comment from two schools, the Temple Academy in Waterville or the Bangor Christian Schools.
Michael Bindas, a senior lawyer at the Institute of Justice, said the chief prosecutor did not pay much attention to the Supreme Court’s commitment to religious freedom in recent years.
“This was the wrong opinion of the Maine Attorney General, which involved the state in five lawsuits spanning three decades and which ended with the Supreme Court ruling against the state,” Bindas said in a statement Thursday. “It seems that the current chief prosecutor has not learned any lessons from this experience.
If the state really intends to use state law to create another hurdle, then more litigation will be inevitable, said Carol Conley, executive director of the Christian Civic League of Maine.
The original lawsuit by three families seeking reimbursement for attending Christian schools dates back to 2018, but goes back even further.
The state has always sought to maintain a solid line between church and state by reimbursing the cost of private schools but not religious schools. The aim was to give rural students without a public high school an education similar to what students receive in public schools.
In Maine, 29 private schools are participating in the program, which enrolls 4,526 students, officials said. Private schools that meet the state’s criteria can receive about $ 12,000 in funding from taxpayers per student.
The most immediate effect of the court’s decision outside Maine is likely to be in nearby Vermont, which has a similar program.
Supreme Court ruling 6-3 may increase school choices in some of the 18 states that have not diverted taxpayers’ money to private religious education. This was seen as a confirmation for countries that already have voucher programs open to religious schools.
But all schools receiving public education must comply with the Maine Human Rights Act, which prohibits discrimination against anyone because of their race, gender, sexual orientation, ethnicity or disability, Frey said.
The legislature at the last session strengthened the law that clarifies the scope of the Maine Human Rights Act in education. Democratic Gov. Janet Mills signed the bill last year.
The updated law, sponsored by Democratic Sen. Craig Hickman, the first openly gay African-American to serve in both chambers of the legislature, prohibits discrimination in education based on “gender, sexual orientation or gender identity,” among other things.
Meanwhile, the American Association of Christian Schools has dismissed fears of discrimination against the LGBTQ community.
“We don’t see this as discrimination at all. We have a set of principles and beliefs that we believe lead to prosperity, for a good life, so to speak, and we partner with parents who share that vision,” said Jamieson Coppola. spokesman for the association.
The leading plaintiffs, Dave and Amy Carson, were students of Conley when he was principal of Christian schools in Bangor.
Conley said the attorney general had “put the glove on” religious schools, but said the legal precedent was in favor of the schools.
Dave Carson, for his part, said his family would not take advantage of the decision because his daughter is already a junior at Husson University. But he said he did not think it was right for the state to try to blockade.
“As long as this is an accredited school, students should be able to go where they want,” he said. “You teach the basics. If you want to have a Bible class, it’s a parent’s choice, not someone in Augusta’s.
Bindas said the chief prosecutor should “think soberly” about how best to balance parents’ rights in the trial against the state’s anti-discrimination interests.
“It is possible to develop policies that respect the concerns of both LGBTQ and religious freedom defenders, but only if the elected officials are truly committed to the task,” he said.
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Associated Press writer Colin Binkley of Boston contributed to this report.
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