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Religious schools accepting public funds are required to follow Maine laws that protect against discrimination based on faith, gender identity and sexual orientation, a federal court has ruled.

Crosspoint Church, which runs Bangor Christian Schools, and St. Dominic Academy in Auburn in the United States Court of Appeals for the First Circuit in Boston in January 2025. The state鈥檚 anti-discrimination law to free exercise of religion, they said.

Citing several Supreme Court decisions 鈥� including one in 2022 that allowed religious schools to be eligible for public funds 鈥� the schools argued the nondiscrimination provisions create a 鈥渃hilling effect,鈥� that results in religious schools being excluded from a state program that allows other private schools to receive public education funding.

In a decision released Thursday, the court rejected both religious schools鈥� appeals to be exempt from the state鈥檚 nondiscrimination laws. However, it remanded a part of the appealed case concerning religious expression back to the U.S. District Court of Maine. Lawyers representing both schools expressed disappointment in the court鈥檚 decision, saying it did not honor the 2022 Supreme Court ruling.

鈥淚t sort of left the acknowledgement that even though religious institutions can teach what they believe, they would not allow them to then act and conduct themselves consistent with those beliefs,鈥� said Jeremy Dys, senior counsel for the First Liberty Institute, a national religious freedom organization that represented Crosspoint Church.

鈥淭hat distinction really denies our clients 鈥� the full promise of the First Amendment.鈥�

The Maine branch of the American Civil Liberties Union celebrated the decision in a statement for upholding the state鈥檚 protections against discrimination.

鈥淐rosspoint Church鈥檚 and St. Dominic Academy鈥檚 arguments threatened to dismantle hard-won anti-discrimination protections in our state,鈥� said Carol Garvan, legal director of the Maine branch of the American Civil Liberties Union. 鈥淲e applaud the court鈥檚 rejection of those arguments and its defense of the Maine Human Rights Act.鈥�

According to court documents, Bangor Christian鈥檚 leaders have said that the school would to admit an applicant who was 鈥渙penly gay鈥� or presented 鈥渁s a gender other than the one included on his or her birth certificate.鈥� The school would also likely expel a current student who came out as either. St. Dominic stated it 鈥溾�� about a student鈥檚 sexual orientation or gender identity at the time of admission, but objects to school staff facilitating a student鈥檚 鈥渆fforts to change his or her gender identity鈥� without parental consent.

In the appeals court鈥檚 opinion on the Crosspoint case, Judges Lara Montecalvo and William Kayatta rejected the church鈥檚 claim that the Maine Human Rights Act鈥檚 provisions that protect against discrimination based on sexual orientation and gender identity require Crosspoint to affirm a student鈥檚 gender identity or sexual orientation.

They said the act prohibits discrimination against students and staff while still allowing schools to impart their religious message.

鈥淭hat allows a religious school to 鈥渋mpart whatever religious education it likes,鈥� they wrote. 鈥淭his includes the message that marriage should be between 鈥榦ne man and one woman in a single, covenantal union鈥� or that one鈥檚 gender cannot be distinguished from one鈥檚 biological sex.鈥�

That 鈥渟till excludes religious schools, just through another means,鈥� said Ben Fleshman, an attorney with Becket, the law firm that represented St. Dominic.

Maine towns that do not operate their own public middle or high schools may pay tuition for students to attend another public or private school. To receive those tuition payments, private schools must be approved by the Maine Department of Education and comply with state laws, including the Maine Human Rights Act, which prohibits discrimination based on religion, gender identity and sexual orientation.

Neither St. Dominic nor Bangor Christian had applied for the program when the appeal was filed last year, because they said doing so would allow the state to scrutinize their religious practices.

But according to Garvan, 鈥渁ny school that chooses to participate in a state-funded education program must play by the same rules and comply with the same state regulations as all other participants.鈥�

鈥淚t is critical that Maine retains the ability to prohibit discrimination and advance equality in our state,鈥� she added.

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Maine Morning Star maintains editorial independence. Contact Editor Lauren McCauley for questions: [email protected].

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