Under Maine law, in places where no public schools exist, Maine will pay the tuition for students to attend other approved schools that satisfy certain statutory criteria. The criteria include compliance with the Maine Human Rights Act’s (MHRA) antidiscrimination provisions, which prohibit discrimination on the basis of religion, sexual orientation, and gender identity, among other protected characteristics.
Crosspoint Church operates a Christian school that openly discriminates by denying admission to students on the basis of their faith, sexual orientation, and gender identity. Because of Crosspoint’s discrimination, it cannot participate in Maine’s school tuitioning program.
In a follow-up case to the recent Supreme Court decision in Carson v. Makin (a case in which Americans United also filed an amicus brief), Crosspoint challenges Maine’s antidiscrimination provisions. Crosspoint argues that Maine’s policy violates the Free Exercise and Free Speech Clauses of the Constitution. The U.S. District Court for the District of Maine rejected Crosspoint’s arguments. Crosspoint appealed to the U.S. Court of Appeals for the First Circuit.
On October 28, 2024, Americans United joined the ACLU and the ACLU of Maine in filing an amicus brief before the First Circuit. We argued that the MHRA is religion-neutral and generally applicable, and that religious freedom does not include the right to violate such antidiscrimination policies. We also argued that the MHRA does not violate the Free Speech Clause because it regulates conduct, not speech.
