401 F.Supp.3d 207
D. Me.2019Background
- Maine law requires school administrative units that do not operate secondary schools to pay tuition for students at a parent‑selected public or approved private school, but bars approval of sectarian (religious) private schools.
- Plaintiffs are parents of secondary students who want tuition funding to follow their choice of sectarian schools (Bangor Christian Schools, Temple Academy).
- Plaintiffs challenge the nonsectarian requirement under the First Amendment (free exercise) after the Supreme Court decision in Trinity Lutheran.
- The State argues plaintiffs lack standing because the sectarian schools have not committed to seek state approval and may be unwilling to accept public funds given Maine’s human‑rights employment provisions.
- The parties submitted cross‑motions for judgment on a stipulated record; the court limited decision to whether Eulitt controls post‑Trinity Lutheran.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge §2951(2) | Parents suffer injury because statute prevents public payment of tuition to their chosen sectarian schools; they seek injunction/declaration | No substantial likelihood sectarian schools will apply for approval or accept funds, so plaintiffs have no concrete injury | Court follows Eulitt: parents have standing to seek relief against §2951(2) |
| Effect of Trinity Lutheran on Eulitt | Trinity Lutheran changes free‑exercise analysis and renders Maine's exclusion unconstitutional | Trinity Lutheran does not unmistakably overrule First Circuit precedent; trial court must follow Eulitt | Trinity Lutheran did not unmistakably cast Eulitt into disrepute; court applies Eulitt |
| Constitutionality of Maine funding scheme | Scheme violates Free Exercise by excluding religious schools from generally available tuition funding | Scheme is constitutional under Eulitt and prior precedent | Applying Eulitt, court upholds Maine's statute as constitutional |
| State law deterrent to sectarian schools accepting funds | Plaintiffs: Maine HR provisions exempt religious orgs from sexual‑orientation rules, so schools could accept funds | State: 2005 amendment narrows exemption to organizations that do not receive public funds, which may deter schools from seeking approval | Court finds state‑law ambiguity plausible but resolves case on Eulitt; does not reach definitive state‑law ruling |
Key Cases Cited
- Eulitt ex rel. Eulitt v. Maine, Dep’t of Educ., 386 F.3d 344 (1st Cir. 2004) (First Circuit upheld Maine’s ban on tuition payments to sectarian schools and recognized parents’ standing to challenge §2951(2))
- Trinity Lutheran Church of Columbia, Inc. v. Comer, 137 S. Ct. 2012 (2017) (Supreme Court held denial of a generally available public benefit solely because of religious identity violates Free Exercise; limited footnote reserving other contexts)
- Zelman v. Simmons‑Harris, 536 U.S. 630 (2002) (Supreme Court addressed constitutionality of school‑voucher program under Establishment Clause)
- Locke v. Davey, 540 U.S. 712 (2004) (Supreme Court upheld denial of public scholarship funds for devotional theology degrees under Free Exercise and Establishment considerations)
- Hosanna‑Tabor Evangelical Lutheran Church and School v. EEOC, 565 U.S. 171 (2012) (Supreme Court recognized ministerial‑exception to employment discrimination laws on Free Exercise grounds)
- Bagley v. Raymond Sch. Dep’t, 728 A.2d 127 (Me. 1999) (Maine Law Court addressing state challenges to tuition‑payment limits on sectarian schools)