Maine Joins the Confederacy

​Maine is openly defying the U.S. Supreme Court’s ruling in Carson v. Makin by forcing religious schools to comply with a state antidiscrimination law in order to receive state tuition funds. This action directly contradicts and attempts to nullify the Supreme Court's decision that states cannot exclude religious schools from publicly available tuition assistance programs solely because they are religious.
 
The Supreme Court’s ruling in Carson v. Makin, which Protect The 1st supported with an amicus brief, was a significant win for religious liberty. The Court decided that Maine's exclusion of religious schools from its tuition assistance program violated the Free Exercise Clause of the First Amendment. The decision followed precedents like Trinity Lutheran Church of Columbia, Inc. v. Comer and Espinoza v. Montana Department of Revenue, which established that states cannot discriminate against religious entities in public benefit programs.
 
Despite these clear directives, Maine lawmakers amended state laws to impose new conditions that effectively continue the exclusion of religious schools. Maine now requires all schools participating in the tuition program to comply with the Maine Human Rights Act. For many religious schools, these requirements conflict with their traditional religious beliefs about sexuality, making participation impossible.
 
Maine’s actions are a clear attempt to sidestep the Supreme Court's decision by creating a new set of rules specifically targeting religious institutions. By imposing conditions that contradict the faith of religious schools, the state seeks to maintain their exclusion from public funding, which undermines the constitutional mandate.
 
Two lawsuits have already been filed challenging Maine's new rules, arguing that the state’s policy violates constitutional rights. The cases, brought by Crosspoint Church in Bangor and the Roman Catholic Diocese of Portland, highlight the ongoing conflict between state law and the Supreme Court’s ruling. The plaintiffs argue that Maine's policy is designed to discriminate against religious schools.
 
The state's resistance goes beyond policy disagreement: It attacks the very principle of religious liberty. By enforcing a policy already struck down by the Supreme Court, Maine penalizes religious exercise and undermines parents' rights to choose a religious education for their children. This act of government overreach must be addressed to uphold constitutional rights.
 
Maine’s defiance also puts it at odds with the supremacy of the federal government and the Supreme Court – a principle that many young men from Maine gave their lives to uphold. States cannot be permitted to nullify federal law through legal maneuvering.
 
Courts must ensure that the rights guaranteed by the Constitution are respected. Maine’s defiance must be corrected to prevent further erosion of religious freedom.