The Supreme Court has ruled that Maine can’t exclude religious schools from a program that offers tuition aid for private education, a decision that could ease religious organizations’ access to taxpayer money
WASHINGTON — — The Supreme Court ruled Tuesday that Maine can't exclude religious schools from
“Maine’s ‘nonsectarian' requirement for its otherwise generally available tuition assistance payments violates the Free Exercise Clause of the First Amendment. Regardless of how the benefit and restriction are described, the program operates to identify and exclude otherwise eligible schools on the basis of their religious exercise,” Roberts wrote.
Maine Attorney General Aaron Frey said during a Tuesday radio appearance that he was not surprised by the court’s decision, but he felt it was not consistent with his reading of the Constitution.Until now, Maine’s exclusion of religious schools has been upheld, Frey said during the appearance on Maine Public. “Frankly, it is concerning, even though we saw it coming.”
Parents who challenged the program argued that the exclusion of religious schools violates their religious rights under the Constitution. Teacher unions and school boards said states can impose limits on public money for private education without running afoul of religious freedoms. The Bangor school said it would not hire teachers or admit students who are transgender. Both schools said they do not hire gay or lesbian teachers, according to court records.
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