Judge says Maine can forbid discrimination by religious schools that take state tuition money

PORTLAND, Maine (AP) — Maine didn’t violate the U.S. constitutional rights of religious schools by requiring them to abide by the state’s antidiscrimination law to receive taxpayer-funded tuition assistance, a federal judge ruled. But the judge also acknowledged that a higher court will ultimately have the final say.

U.S. District Judge John Woodcock Jr. said he sees no constitutional violation in requiring religious schools to abide by the Maine Human Rights Act.

“The plaintiffs are free to practice their religion, including the teaching of their religion as they see fit, but cannot require the state to subsidize their religious teachings if they conflict with state antidiscrimination law,” the judge wrote.

A notice of appeal to the 1st U.S. Circuit Court of Appeals in Boston was filed on Friday, a day after Woodcock issued his 75-page decision rejecting the plaintiffs’ request for an injunction.

The lawsuit is one of two in Maine that focus on the collision between a 2022 U.S. Supreme Court ruling that Maine cannot discrimination against religious schools in providing tuition assistance and a state law requiring that schools participating in the tuition program must abide by the Maine Human Rights Act, which includes protections for LGBTQ students and faculty.

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