In 2022, the U.S. Supreme Court ruled that Maine must pay the tuition of children at religious schools if it pays any private school tuition. Maine has a historic system of paying for students to go to private high schools if their own district does not have a public high school.

The state of Maine insisted that it would not pay tuition to schools that violate the state’s anti-discrimination. The two Christian schools that won the case did not accept LGBT students or students who practice a religion different from that of the church.

The state refused to pay Bangor Christian Academy for violating its human rights law. BCA sued. The court barred then from receiving public funds.

The Christian Post reported:

A Christian school in Maine must adhere to the state’s LGBT antidiscrimination policy to qualify for a state tuition assistance program while the lawsuit against the state continues, a federal judge has ruled.

U.S. District Judge John Woodcock, a George W. Bush appointee, denied a preliminary injunction Tuesday requested by Bangor Christian Schools run by Crosspoint Church, concluding that the church’s lawsuit against assorted state officials is not likely to succeed.

He ruled that Bangor Christian Schools must follow all the Maine Human Rights Act provisions.

“The Court determines that the educational antidiscrimination provisions do not violate the Free Exercise Clause because they are neutral, generally applicable, and rationally related to a legitimate government interest,” wrote Woodcock.

“The Court concludes further that the educational provisions do not violate the Free Speech Clause because they regulate conduct, not speech. Finally, the Court concludes that the employment provisions do not proscribe any constitutionally protected conduct.”

First Liberty Institute Senior Counsel Lea Patterson, who represents Crosspoint, denounced the decision and expressed plans to appeal the ruling.

“Government punishing religious schools for living out their religious beliefs is not only unconstitutional, it is wrong,” said Patterson, as quoted by Bangor Daily News.

In 2022, the U.S. Supreme Court ruled 6-3 in Carson v. Makin that Maine cannot lawfully stop parents from using a state tuition program to send their children to Christian private schools.

The lawsuit that led to the Supreme Court ruling was driven by parents from Bangor Christian School who sued Maine over the ban on state tuition assistance for families sending their children to a private school that includes sectarian aspects in its curriculum.