Archives for category: Maine

Last February, Trump met with the nation’s governors. He gave them a lecture about his agenda. When it came to his determination to ban transgender athletes, he called out Governor Janet Mills of Maine. He warned her that had “better comply” with his executive order. They exchanged words. She was unbowed. She said to Trump: “See you in court.”

Trump told the Agriculture Department to hold back $3 million in food from Maine schools.

Maine sued to get the money that was due.

They settled. Maine got its $3 million. Governor Mills changed nothing.

The New York Times reported:

The state’s attorney general, Aaron M. Frey, said his office had withdrawn a lawsuit it filed in objection to the funding freeze, which had held up around $3 million, he estimated, and was initiated by the Agriculture Department last month. The federal dollars, Mr. Frey said in an interview, pay for food preparation in schools and child care centers, and also assist in feeding disabled adults in congregate settings…

“The food doesn’t just buy itself, deliver itself, cook itself,” Mr. Frey said Friday, adding that the Trump administration had tried to “bully” Maine. “The message here is if you don’t follow the law and you try to target Maine without relying on any shred of law to support it, we’re going to have to take you to court.”

The White House deferred comment to the Agriculture Department. 

Ms. Mills said in a statement that the Trump administration had made an “unlawful attempt to freeze critical funding.” But the agreement, she said, will preserve healthy meals for about 170,000 schoolchildren across Maine.

That’s the thing about bullies. If you stand up to them, they back off. They get their power by intimidation. At bottom, they are cowards. Take Trump. He dodged the draft. Five times. Don’t be afraid of him.

At a White House meeting with Trump, he picked a fight with Janet Mills, the governor of Maine. He asked if she was present, then berated her because Maine allows transgender women to compete in women’s sports. Governor Mills stood up for Maine’s laws and didn’t back down. Trump threatened to cut off all federal funding to Maine. Mills said, in a direct challenge to Trump, “we will see you in court.”

Republicans used to be the party that believed in local control and in diminishing federal control over state and local decisions. No more. Trump is obsessed with the transgender issue. He signed an executive order banning their participation in women’s sports. In other orders, he has tried to erase any civil rights for transgender men or women, any access to medical care for them, and to define them out of existence.

I am not sure where I stand on the question of whether transgender women should participate in women’s sports; after all, biologically, men are typically stronger and faster than women. I am not sure it is fair to have biological men and women competing in races that require physical strength.

But of this I am sure: transgender men and women should be allowed to live their lives without harassment by government. Their decisions are theirs alone. They should get the medical care they seek from qualified professionals. They should use whichever bathroom they want. People don’t become transgender so they can go to a different bathroom. Women’s bathrooms all have closed stalls. Are men worried that a transgender man might see them pointing their penises at a urinal? Really?

Government should butt out of people’s personal decisions. Government should stay out of our bedrooms and out of our doctor’s offices. The decisions we make about our lives that don’t hurt anyone else should not be controlled by government. As Governor Tim Walz memorably said, “Mind your own damn business.”

The Boston Globe reported:

President Trump had a testy exchange with Maine Governor Janet Mills on Friday over his threat to withhold federal funding from the state unless it bans transgender athletes from competing in women’s and girls’ sports.

“You better do it, because you’re not going to get any federal funding,” Trump told the Maine Democrat at a White House event.

Mills told Trump the state’s policy is “complying with state and federal laws” and hinted at a potential legal battle over Trump’s order.

“We’re going to follow the law, sir,” she said.

“We’ll see you in court,” she added.

“Good, I’ll see you in court. I look forward to that — that should be a real easy one,” Trump said. “Enjoy your life after governor because I don’t think you’ll be in elected politics.”

The confrontation came a day after Trump told a group of governors that he “heard men are still playing in Maine” and threatened to withhold funding under the terms of an executive order he signed earlier this month.

“So we’re not going to give them any federal funding. None, whatsoever, until they clean that up,” Trump said Thursday at the Republican Governor’s Association meeting in Washington, D.C.

The executive order barred transgender girls and women from participating in female sports, reinforcing a key Republican stance in the 2024 campaign. The order grants federal agencies broad authority to enforce Title IX according to the Trump administration’s interpretation, which defines sex as a person’s gender at birth.

Several lawsuits have been filed against Trump’s transgender policies, with more challenges expected.

The Maine Principals’ Association allows transgender student athletes to choose between competing on a team based on their sex at birth or one that matches their gender identity. Despite Trump’s order, the group said it will continue to allow transgender female athletes to compete.

Mills, who was elected in 2019, said in a statement that Maine “will not be intimidated” by Trump’s threats, adding the state will “take all appropriate and necessary legal action.”

“If the president attempts to unilaterally deprive Maine schoolchildren of the benefit of federal funding, my administration and the attorney general will take all appropriate and necessary legal action to restore that funding and the academic opportunity it provides,” Mills said.

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.

Peter Greene has written several columns about the U.S. Supreme Court’s step-by-step effort to tear down the wall of separation between church and state. With its June 21: 2022, decision called Carson v. Makin, the High Court ordered the state of Maine to pay the tuition for students at two religious schools. Under Maine law, districts that do not have a public high school must pay tuition for high school students to attend a private non-religious school. A majority of the justices ruled that Maine violated the students’ free exercise of religion rights by denying them the same benefits as those who go to private schools at the public’s expense.

The decision was 6-3. The majority were all appointed by Republican presidents (Roberts, Alito, Thomas, Gorsuch, Kavanaugh, and Barrett). The minority were appointed by Democratic presidents (Breyer, Sotomayor, Kagan). All six of the Justices in the majority were born Catholic; Gorsuch graduated from Georgetown Preparatory Academy, a Jesuit school (Brett Kavanaugh was two years behind him.) Gorsuch and his family now attend an Episcopal church. The minority bloc consists of two Jews and a Catholic (Sotomayer).

Before the case was decided, Peter Greene expressed concern that the two religious schools openly discriminated against student, families, and staff by refusing to accept into the school’s community.

He wrote six months before the decision was released:

Bangor Christian Schools require adherence to a code of conduct; trans or gay students will be expelled, even if celibate. Their religious indoctrination is inseparable from their academic instruction. A fifth grade social studies objective is to “recognize God as Creator of the world,” while a ninth grade objective is to “refute the teachings of the Islamic religion with the truth of God’s word.” Teachers at BCS must certify that they are born again Christians.

Temple Academy is an extension of the Centerpoint Community Church. TA is unlikely to admit students that do not come from a Christian family; that family must sign a Family Covenant saying they agree with TA’s views on abortion, marriage, and homosexuality. Again, only born again Christians may be hired to teach; teachers also sign an employment agreement acknowledging that the Bible says that God considers “homosexuals and other deviants as perverted.”

The issue, he wrote, was not about freedom of religion or free exercise of religion, but about whether taxpayers should pay for schools that discriminated against defined groups of people.

For several years, fans of school choice have been pushing the argument that a religious school is not free to exercise its religious faith if it does not get to share in taxpayer dollars. The wall between church and state has thus been characterized as discrimination against religion. Turns out you can’t be really free without taxpayer funding.

A few weeks ago, Peter returned to the subject and reviewed some of the Justices’ arguments. Quite simply, he wrote, the Supreme Court was ordering the state of Maine to pay tuition at schools that engage in discrimination.

Justice Breyer asked:

What happens once “may” becomes “must”? Does that transformation mean that a school district that pays for public schools must pay equivalent funds to parents who wish to send their children to religious schools?

Justice Sotomayor said:

In 2017, I feared that the Court was “lead[ing] us . . . to a place where separation of church and state is a constitutional slogan, not a constitutional commitment.” Today, the Court leads us to a place where separation of church and state becomes a constitutional violation.

But the case goes on, because Maine passed a law stating that it would not fund schools that discriminate. The Bangor Christian Academy sued the state and asserted its right to discriminate.

Bangor Christian Schools is now suing the state of Maine, asking first for an injunction against the Maine Human Rights Act (MHRA) restriction that bars them from receiving state money as long as they continue to discriminate. Their assertion is that the “poison pill” of human rights law in Maine violates their religious liberty, that they cannot exercise that liberty unless they can both receive state funds and continue to discriminate against students and prospective faculty that don’t meet their religious requirements.

The state of Maine insists that it will not fund schools that discriminate:

Attorney General Aaron Frey said that “all Mainers deserve to be treated with dignity and respect, whether it be in their workplace, their housing, or in their classrooms. The Maine Human Rights Act is in place to protect Mainers from discrimination and the Office of the Attorney General is steadfast in upholding the law. If abiding by this state law is unacceptable to the plaintiffs, they are free to forego taxpayer funding.”

Peter continued his dissection of the decision in a third post, wherein he debated the libertarian Neil McCluskey of the CATO Institute. McCluskey asserts that secular schools are hostile to religion, and the only way to secure true freedom of religion is to fund all choices, all religions.

Peter writes:

First, I don’t accept the premise that “secular” requires hostility to religion. If you play in the percussion section, you aren’t hostile to melody–it’s just not your job to handle it. A secular education system doesn’t try to fulfill any religious functions, for a variety of reasons we’ll get into.

There’s another issue in that first point, which is the newly revived idea among some folks that they cannot fully and freely practice their religion unless they are free to discriminate against people of whom they disapprove, like the Mom who objects to having her child taught empathy because she believes there are some people her child should not feel empathy for. This is a whole other post, but my short answer is this–there is no placating these people as long as circumstances find them in a pluralistic society.

But where I really disagree with McCluskey is in his central notion that by allowing everyone to retreat to their own personal bubbles, we can end all the various battles over culture and religion…

The whole choice thesis is that by not using taxpayer funds to support private religious choice, the government is discriminating against religious folks (with the newest legal test of this theory coming to a courtroom in Maine). Again, this reasoning goes, I am not fully free to exercise my religion if the taxpayers aren’t subsidizing my choice.

I should get to practice in my little bubble, and the taxpayers should help pay for the bubble.

That’s how this vision of choice leads to religious discrimination on an unprecedented scale and takes us all the way back to the question of separate but equal.

Peter demonstrates a variety of scenarios that show how thorny this issue is.

A variety of secular schools realize that if they re-configure themselves as religious schools, the “free exercise” clause is a ticket to the Land of Do As You Please and they can start discriminating against students and faculty in pretty much any way they wish as long as they claim that it’s an essential part of their religion. This will force taxpayers to fund all sorts of things that they (and not just liberal especially) object to, from aryan supremacists to gender theory schools. One worst case scenario will be a government agency given the task of figuring out which religious schools are “real” religious schools and which are just playing games. The other worst case scenario will be states figuring out how to regulate these schools so that they can’t discriminate in ways that would be illegal for anyone else. Or maybe we’ll just have a government office of educational equality that makes sure that every religion gets an equal shake in the school funding/free exercise department. No way that could end badly. None of these “solutions” will be popular.

Now that we’re establishing that I can’t have freedom to exercise my religion without enough of a taxpayer subsidy, who is going to decide how much subsidy is enough?…

I can imagine taxpayers rejecting bond unissued because they don’t to subsidize all those religious schools.

Peter concludes:

I can imagine plenty of awful scenarios. What I can’t imagine is how vouchers + religious schools results in a free and adequate education for every child or greater harmony and cohesions for our pluralistic nation. Yes, yes, I understand we haven’t exactly mastered either of those things currently, but I don’t see how vouchers + religious schools does anything except make matters worse.

Jeff Bryant is a professional journalist who has written extensively about the failures of corporate-style school reform. This story recounts the experience of a family that accepted vouchers in Maine and learned that school choice meant that students abandon their civil rights protections when they enroll in a private school. Please open the link and read the complete article.

The harrowing story of a Maine family shows the potential perils families face when they transfer to privately run schools that are less subject to government oversight.

By Jeff Bryant

“I am the type of parent who always made sure my kids had the good teachers and always took the right classes,” said Esther Kempthorne in an interview with Our Schools. So, in 2014, when she moved with her husband and two daughters to their new home in Washington County, Maine, in a bucolic corner of the state, near the Canadian border, she made it a top priority to find a school that would be the right educational fit for their children.

“We settled in Washington County hoping to give our children the experience of attending one high school, making lasting friendships, and finally putting down some roots,” said Esther’s husband, Nathan, whose career in the military had sent the Kempthorne family traveling the world, changing schools more than 20 times in 17 years. “Both of our children were born on military bases while I was on active duty with the U.S. Navy and the U.S. Air Force,” said Nathan, whose role in military intelligence often meant that he was deployed to high-risk assignments in war zones.

“We said that when we got to Maine, we weren’t going to keep bouncing from school to school,” said Esther.

But after some firsthand experience with the education programs provided by the local public schools, the Kempthornes decided to investigate other options the state offers. One of those options was the state’s provision that allows parents who live in a district that doesn’t have a school matching their child’s grade level the choice to leave the public system and transfer their children to private schools, with the “home” public school district picking up the cost of tuition and transportation, subject to state allowance.

Because the rural district the Kempthornes lived in did not have a high school, they took advantage of that option to enroll their daughters—at taxpayer expense—in Washington Academy, an elite private school founded in 1792 that offersa college track curriculum and access to classes taught by faculty members from a nearby university.

Their decision to leave the public school system for Washington Academy seemed all the better when Esther, a naturalized U.S. citizen born in Mexico, got a full-time job teaching Spanish at the school.

Thinking back on how the Kempthorne family negotiated the school choice landscape in Maine, Nathan recalled, “I thought we were finally going to be okay.”

But the Kempthornes weren’t okay. Far from it, in 2021, the Kempthornes found themselves in the front seat of their car while they were traveling in another state, using Nathan’s iPhone to call in via Zoom and provide testimony to a Maine legislative committee on why Washington Academy, and other schools like it, pose significant threats to families like theirs and how the state needs to more heavily regulate privately operated schools that get taxpayer funding.

Fighting through tears, they spoke of “racism” and “bullying” at Washington Academy and the school administration’s unwillingness to acknowledge and address the school’s culture.

In his written testimony, Nathan wrote of “a disturbing pattern of systemic racism and institutionalized oppression, harassment, and bullying behavior based on race, ethnicity, country of origin, gender, and sexual orientation that has occurred for years at [Washington Academy].”

In her letter of resignation from the school, presented to the committee, Esther wrote of a school environment where she and her daughters, who identify as Hispanic, experienced “racist, anti-immigrant sentiments.” She wrote, “As the racist anti-immigrant rhetoric became more mainstream, we had to teach our daughters how to defend themselves without our intervention, and they did. However, such self-defense has been exhausting and stressful for my children, and it should not be their responsibility to constantly deflect harassment; rather they should be guaranteed a safe educational environment by school leaders.”

Although their daughters eventually graduated from Washington Academy and went on to college, the family became totally uprooted because of their experience at the school. Nine years after building their dream home in rural Maine, they now find themselves living in an apartment in New York City, embroiled in a years-long battle with Washington Academy and Maine officials, which has absorbed countless hours of their time and thousands of dollars of their life savings.

Esther has been unable to reenter the classroom as a full-time teacher due to the lingering effects of the traumatic experiences she had from teaching at Washington Academy, and both parents and daughters speak of long-term adverse mental health effects stemming from the years they spent at the school.

“We sold everything,” Nathan said in his spoken testimony to the committee. “We lost everything in your state and we left for our safety. Our children are completely traumatized. They lost all their friends.”

The Kempthornes’ story about the consequences of leaving the public education system for a private school is a cautionary tale about what can happen when a system designed to provide parents with taxpayer-supported private school options fails to consider the potential risks when students and parents transfer to these schools that are less subject to government oversight.

Their story is even more significant given the current trend across the country where states have increasingly been adopting charter schools, voucher programs, education savings accounts, “backpack funding,” and other so-called school choice options that use taxpayer money to fund alternatives to the public system.

These options are favored by politicians on the right and left, and, at least one state, Arizona, has a voucher program called the Empowerment Scholarship Account Program, which every student in the state is eligible to tap.

This rapid expansion of school choice options is taking place even though there is ample anecdotal evidence and a growing body of research showing that parents in a school choice marketplace often make questionable choices they sometimes come to regret.

As the Kempthornes came to learn, private education providers that are not governed within the public domain pose legal problems that parents often either don’t know about or don’t understand, and local and state government officials often either have no authority to intercede on parents’ behalf or are reluctant to assert what little authority they do have.

The Kempthorne family’s saga, which is still enduring, is a sharp counterpoint to advocates who promote school choice as a simplistic solution for families without acknowledging that transferring taxpayer-funded education services from the public to the private realm will actually complicate parents’ and students’ lives.

Bryant goes in to describe a school culture that was implicitly racist and unwilling to act in complaints of racism.

Washington Academy is one of several Maine “town academies” that benefit from what’s known as “town tuitioning,” in which private schools receive public funding from districts that “tuition out” students to the schools rather than paying to educate them in their “home” district. These Maine academies had from 80.4 to 99.3 percent of their student enrollments funded with public dollars in the fiscal year 2020-2021. Most of them also obtain additional income by operating expensive residential programs that enroll students, often from countries outside the U.S.

The practice of using town tuitioning programs as alternatives to providing public schools started in Vermont, according to Education Week, but has since spread to New Hampshire, Massachusetts, and Connecticut, as well as Maine.

Supporters of these programs call them a “model of educational choice,” according to Education Week, and although supporters of vouchers haven’t always held up town academies as their ideal, they’ve more recently been describing them as the “oldest school choice program in the nation” and calling for expanding them so that all students are eligible to attend the town academies.

But the rationale for having town academies and funding them with public money seems to no longer hold, if it ever did.

‘A Common Myth’

“A common myth is that town academies in New England exist in rural areas which have a scarcity of public schools due to the relatively low population density of families with school-aged children and a lack of funding to support district schools,” according to Bruce Baker, an education professor at the University of Miami in Florida. “But that’s not the reality.”

According to Baker, many of these schools started in the early 1800s, or earlier, as private secondary schools for their communities prior to the existence of public high schools “and in many cases,” prior to the creation of the nation’s system of public common schools. “Some, like Burr and Burton Academy in Manchester, Vermont, were originally funded by local businessmen,” he noted.

Given that origin, town academies that are in operation today are “holdovers,” according to Baker, “of what were once proxy public schools that never converted to district public schools,” although a few have, such as Bellows Free Academy in St. Albans, Vermont, which converted from private to public in 2008.

Contrary to the town academy narrative, some of the schools are in communities that have sufficient populations to educate school-aged children. For instance, New Bedford Academy in New Bedford, Massachusetts, is located in a city with a population exceeding 100,000, according to the 2021 U.S. census. Norwich Free Academy is located in Norwich, Connecticut, a community with a population of more than 40,000.

Also, the notion that town academies are needed in Maine because public schools are few and far between seems hardly the case. “The distances between publicly funded town academies and competing public high schools in Maine is often negligible,” Nathan Kempthorne wrote in an email, pointing out that the distance between Washington Academy and Machias Memorial High School in Machias is only 4.2 miles, and John Bapst Memorial High School, a town academy in Bangor, is only 2.5 miles from Bangor High School and 2.1 miles from Brewer High School.

Public schools in rural communities are quite commonplace. “More than 9.3 million—or nearly one in five students in the U.S.—attend a rural school,” according to a 2019 reportby the Rural School and Community Trust. “This means that more students in the U.S. attend rural schools than in the nation’s 85 largest school districts combined.”

Whereas rural public schools are subject to the same government oversight that all public schools are subject to, that oversight does not extend to private schools, even when they get a substantial portion of their funding from the public.

“In private schools, students end up losing basic constitutional rights and essentially don’t have due process rights,” Todd DeMitchell told Our Schools. DeMitchell is a professor emeritus at the University of New Hampshire at Manchester who studies laws governing school policies and the impact of court cases on these policies.

According to him, if the Kempthornes had their children enrolled in public schools they would have had access to certain rights protected by the U.S. Constitution, including Title 6, which addresses race, and Title 9, which addresses discrimination on the basis of sex. Washington Academy, being a private school, is exempt from these protections.

DeMitchell pointed to a 1987 decision by a federal courtthat ruled a private academy in New Hampshire had the right to fire a teacher who, contrary to school policy, grew a beard, because the school argued successfully that it was “not a state actor,” according to DeMitchell. That ruling’s logic has been extended to a potential 2023 U.S. Supreme Court case in which a North Carolina charter school is arguing that it has the right to require girl students to wear skirts at school because it also is not a state actor. (Charter schools are also privately operated schools that are funded almost exclusively with public money.)

Along with their problematic funding rationale, town academies also have issues with being truly diverse and inclusive schools. For instance, they’ve “long struggled” to serve students with disabilities, according to Baker. And the student populations of these town academies tend to be more white and affluent than their surrounding communities, with any purported claims of student diversity being largely due to their enrollments of international students in residential programs.

Please open the link to read this important article.

Jeff Bryant is a writing fellow and chief correspondent for Our Schools. He is a communications consultant, freelance writer, advocacy journalist, and director of the Education Opportunity Network, a strategy and messaging center for progressive education policy. His award-winning commentary and reporting routinely appear in prominent online news outlets, and he speaks frequently at national events about public education policy. Follow him on Twitter @jeffbcdm.

Mark Joseph Stern wrote recently in Slate about the dangers embedded in the Supreme Court’s Carson v. Makin decision. In this decision, the Supreme Court ruled that the state of Maine was compelled to pay tuition at religious schools because it paid tuition at some other private schools. Stern warns that the Supreme Court is very likely to extend this concept to every state that underwrites nonsectarian private schools. The Court’s zeal for religious schools is not going to end in Maine. Please open the link and read the entire article. Make no mistake: This Supreme Court is determined to abolish any separation between church and state and to require every state to pay for religious education. So you don’t want your tax dollars to underwrite a school that would not admit your own children or grandchildren; too bad. So you don’t want to pay for Madrassas, yeshivas, or schools that teach racial hatred? Too bad.

The Republican majority on the Supreme Court claims it is dedicated to the principles of the Original Constitution, as written. They say they are Constitutional fundamentalists. This decision demonstrates how phony their “Originalism” is. The Founding Fathers were very explicit in their desire to separate religion from the state. This Court is not dedicated to the Constitution or its principles. If it were, it would never have written this decision.

He writes:

The Supreme Court’s conservative supermajority effectively declared on Tuesday that the separation of church and state—a principle enshrined in the Constitution—is, itself, unconstitutional. Its 6–3 decision in Carson v. Makin requires Maine to give public money to private religious schools, steamrolling decades of precedent in a race to compel state funding of religion. Carson is radical enough on its own, but the implications of the ruling are even more frightening: As Justice Stephen Breyer noted in dissent, it has the potential to dismantle secular public education in the United States.

Carson challenges Maine’s effort to provide quality civic education to every child in the state. The government created a tuition assistance program to help families who live in remote, sparsely populated regions without any public schools. Under the program, parents can send their kids to certain private schools, and the state covers the cost of tuition. To qualify, these schools must give students a secular education. They may be affiliated with, or even run by, a religious organization. But their actual curricula must align with secular state standards.

Two families challenged this limitation, arguing that it violated the First Amendment’s free exercise clause. Just two decades ago, this claim would’ve been laughed out of court: SCOTUS only permitted states to subsidize religious schools in 2002; at the time, it would’ve been absurd to say that states have a constitutional obligation to subsidize them. Beginning in 2017, the court began to assert that states may not exclude religious schools from public benefits that are available to their secular counterparts. And in 2020, the conservative justices forced states to subsidize religious schools once they began subsidizing secular private education.

Tuesday’s decision in Carson takes this radical theory to a new extreme, ordering Maine to extend public education funds to religious indoctrination.

The upshot of Chief Justice John Roberts’ opinion for the court is that states have no compelling interest in providing public, secular education to children. Indeed, Roberts suggests that the very concept of secular schooling is a smokescreen for “discrimination against religion”—a pretext for unconstitutional animus toward pious Americans. His opinion reaches far beyond Maine. About 37 states have amendments to their constitutions that bar government funding of religious institutions, including schools. Carson essentially invalidates those laws while undermining the broader constitutional basis for the nation’s public school system.

Roberts reached this astonishing result by overruling broad swaths of precedent respecting states’ authority to separate church and state more strictly than the U.S. Constitution requires. The court previously upheld states’ interest in avoiding the “establishment” of religion by refusing to underwrite the indoctrination of students into a particular faith. No longer. Roberts condemned Maine’s efforts to guard against religious establishment as nothing more than “discrimination against religion”—an effort to “exclude some members of the community” from public benefits “because of their religious exercise.” He also overruled a line of cases that let the government withhold funding on the basis of religious use (like indoctrination) but not religious status (like affiliation with a church). That distinction, he wrote, “lacks a meaningful application not only in theory, but in practice as well,” tossing it in the precedential dumpster.

The chief justice maintained that Carson’s rule only kicks in once a state starts sending taxpayer dollars to private schools through vouchers, tax credits, or scholarships. So, in theory, a state can send all its money to public schools and avoid constitutional concerns. Even if that’s true, the consequences are sweeping: Most states offer at least one of these programs, so Carson gives millions of families an opportunity to bail out of the public school system and demand public money for parochial education...

It’s worth pausing, as both Breyer and Justice Sonia Sotomayor did in dissent, to reflect on the victims of Tuesday’s decision. The two Maine schools that may now receive public funding are openly discriminatory, expelling students and teachers who do not adhere to evangelical Christianity. LGBTQ students, as well as straight children of same-sex couples, are not welcome, nor are LGBTQ teachers. Even custodians must be born-again Christians. One school teaches students to “refute the teachings of the Islamic religion” and believe that men serve as the head of the household. Another requires students to sign a “covenant” promising to glorify Jesus Christ and attend weekly religious services.


The Supreme Court’s conservative supermajority effectively declared on Tuesday that the separation of church and state—a principle enshrined in the Constitution—is, itself, unconstitutional. Its 6–3 decision in Carson v. Makin requires Maine to give public money to private religious schools, steamrolling decades of precedent in a race to compel state funding of religion. Carson is radical enough on its own, but the implications of the ruling are even more frightening: As Justice Stephen Breyer noted in dissent, it has the potential to dismantle secular public education in the United States.

Carson challenges Maine’s effort to provide quality civic education to every child in the state. The government created a tuition assistance program to help families who live in remote, sparsely populated regions without any public schools. Under the program, parents can send their kids to certain private schools, and the state covers the cost of tuition. To qualify, these schools must give students a secular education. They may be affiliated with, or even run by, a religious organization. But their actual curricula must align with secular state standards.

Two families challenged this limitation, arguing that it violated the First Amendment’s free exercise clause. Just two decades ago, this claim would’ve been laughed out of court: SCOTUS only permitted states to subsidize religious schools in 2002; at the time, it would’ve been absurd to say that states have a constitutional obligation to subsidize them. Beginning in 2017, the court began to assert that states may not exclude religious schools from public benefits that are available to their secular counterparts. And in 2020, the conservative justices forced states to subsidize religious schools once they began subsidizing secular private education.

Tuesday’s decision in Carson takes this radical theory to a new extreme, ordering Maine to extend public education funds to religious indoctrination.

The upshot of Chief Justice John Roberts’ opinion for the court is that states have no compelling interest in providing public, secular education to children. Indeed, Roberts suggests that the very concept of secular schooling is a smokescreen for “discrimination against religion”—a pretext for unconstitutional animus toward pious Americans. His opinion reaches far beyond Maine. About 37 states have amendments to their constitutions that bar government funding of religious institutions, including schools. Carson essentially invalidates those laws while undermining the broader constitutional basis for the nation’s public school system.

Roberts reached this astonishing result by overruling broad swaths of precedent respecting states’ authority to separate church and state more strictly than the U.S. Constitution requires. The court previously upheld states’ interest in avoiding the “establishment” of religion by refusing to underwrite the indoctrination of students into a particular faith. No longer. Roberts condemned Maine’s efforts to guard against religious establishment as nothing more than “discrimination against religion”—an effort to “exclude some members of the community” from public benefits “because of their religious exercise.” He also overruled a line of cases that let the government withhold funding on the basis of religious use (like indoctrination) but not religious status (like affiliation with a church). That distinction, he wrote, “lacks a meaningful application not only in theory, but in practice as well,” tossing it in the precedential dumpster.

The chief justice maintained that Carson’s rule only kicks in once a state starts sending taxpayer dollars to private schools through vouchers, tax credits, or scholarships. So, in theory, a state can send all its money to public schools and avoid constitutional concerns. Even if that’s true, the consequences are sweeping: Most states offer at least one of these programs, so Carson gives millions of families an opportunity to bail out of the public school system and demand public money for parochial education.

But can this distinction hold? Roberts’ bright line dims under scrutiny: Maine, after all, wanted private schools to replace public education for some students, not supplement it. And yet the court found no good reason for the state to insist that these substitute schools adhere to secular standards. Indeed, the chief justice’s rhetoric depicts education not as a state-sponsored benefit for all, but rather as a personal matter best left up to parents. There is, he claimed, no “historic and substantial state interest” in preserving secular education. If that’s true, how can any state refuse to fund religious schooling?

It’s worth pausing, as both Breyer and Justice Sonia Sotomayor did in dissent, to reflect on the victims of Tuesday’s decision. The two Maine schools that may now receive public funding are openly discriminatory, expelling students and teachers who do not adhere to evangelical Christianity. LGBTQ students, as well as straight children of same-sex couples, are not welcome, nor are LGBTQ teachers. Even custodians must be born-again Christians. One school teaches students to “refute the teachings of the Islamic religion” and believe that men serve as the head of the household. Another requires students to sign a “covenant” promising to glorify Jesus Christ and attend weekly religious services….

“Legislators,” Breyer wrote, “did not want Maine taxpayers to pay for these religiously based practices,” as doing so might violate their own faith or conscience. The majority tells these Mainers their own views don’t matter, because the First Amendment forces them to foot the bill for other people’s religious indoctrination. Doing so creates a “serious risk of religion-based social divisions,” Breyer explained, exacerbating the “religious strife” that the religion clauses “were designed to prevent.” Sotomayor put the point more sharply: “While purporting to protect against discrimination of one kind,” she wrote, “the court requires Maine to fund what many of its citizens believe to be discrimination of other kinds.”

The conservative majority, however, has perfected the art of ignoring genuine discrimination while perceiving anti-Christian persecution where none exists. In the process, they are elevating the rights of one sect over all others. Carson will not benefit any religious minorities; there are not enough Muslims or Jews to create a school in the far-flung corners of Maine. Every time Roberts uses the word “religion,” he might as well be saying “Christian.” The right will praise Carson as a triumph of religious liberty. But if you practice a religion that does not stand to gain from the ruling, your liberty does not matter to this Supreme Court.

Charles P. Pierce is a super writer who is smart and insightful, especially when he writes about education. He writes regularly for Esquire. In this post, he slices and dices the absurdity of the Carson vs. Makin ruling that compels Maine to pay tuition for students at evangelical Christian schools that openly discriminate against students, families, and teachers who do not share their religious views. The six justices in the majority are certainly not Originalists. Their decision overturns a key principle embedded in the Constitution, which prohibits the state from sponsoring or “establishing” religion.

He writes:

It’s been a big week for Christian nationalism in our politics. In the case of Carson v. Makin, which involved a Maine law that forbade public money to go to religious schools, the Supreme Court ruled that the Establishment Clause of the United States Constitution is…unconstitutional. The Court’s carefully engineered conservative majority has been heading in this direction, finding anti-religious—primarily anti-Christian—discrimination in laws deliberately written to be religiously neutral. This was a pole-vault over that line, and one that conceivably could threaten public education as a whole. Writing for the majority, Chief Justice John Roberts said:

This case concerns two families that live in SAUs that neither maintain their own secondary schools nor contract with any nearby secondary school. Petitioners David and Amy Carson reside in Glenburn, Maine. When this litigation commenced, the Carsons’ daughter attended high school at Bangor Christian Schools (BCS), which was founded in 1970 as a ministry of Bangor Baptist Church. The Carsons sent their daughter to BCS because of the school’s high academic standards and because the school’s Christian worldview aligns with their sincerely held religious beliefs.

Translation: the school discriminates against LGBTQ citizens. Here, from a brief filed in this case, is what Bangor Christian Schools are up to.

BCS believes that a student who is homosexual or identifies as a gender other than on his or her original birth certificate would not be able to sign the agreement governing codes of conduct that BCS requires as a condition of admission.

If a student was openly gay and regularly communicated that fact to his or her classmates, “that would fall under an immoral activity” under BCS’ Statement of Faith and if “there was no change in the student’s position” after counseling, the student would not be allowed to continue attending BCS.

BCS does not believe there is any way to separate the religious instruction from the academic instruction – religious instruction is “completely intertwined and there is no way for a student to succeed if he or she is resistant to the sectarian instruction.”

One of the objectives in the ninth-grade social studies class is to “[r]efute the teachings of the Islamic religion with the truth of God’s Word.”

Shrug, says John Roberts. Pay up, suckers.Me? I am planning to open a taxpayer-funded madrassa out in the woods somewhere. I’ll keep you advised.

Open the link. The post has an interesting take on Herschel Walker and on Arizona official Rusty Bower’s view that the Constitution was divinely inspired.

The gubernatorial election is approaching in Maine, and to everyone’s surprise, former Governor Paul LePage is running again.

LePage was an enthusiastic member of the Tea Party. He called himself “Trump before Trump.” He insulted immigrants, gays, anyone other that straight white people. He took his cues on education from Jeb Bush.

He was a xenophobic disaster. Keep your eye on Maine.

This case will go to the U.S. Supreme Court, which is now packed with justices who want to tear down the “wall of separation” between church and state. Kavanaugh, Gorsuch, Barrett, Thomas, and Alito, possibly Roberts, are likely to agree that Maine cannot deny funding to religious schools. Espinosa v. Montana set the stage for the next school funding decision; that ruling said that if a state funded any nonpublic schools, it must all nonpublic–including religious–schools.

FEDERAL APPEALS COURT UPHOLDS MAINE’S DECISION NOT TO SEND PUBLIC EDUCATION FUNDS TO RELIGIOUS SCHOOLS
The U.S. Court of Appeals for the First Circuit has rejected a challenge to the state of Maine’s decision not to use public education funding to pay for tuition at private religious schools, preserving Maine’s efforts to prevent public funding of religious education. Public Funds Public Schools filed amicus briefs in the case – Carson v. Makin – to support the Maine law. 

The Institute for Justice, a group of pro-voucher lawyers behind the Carson v. Makin litigation, has vowed to ask the U.S. Supreme Court to review the First Circuit’s ruling. PFPS will continue to support the law before the U.S. Supreme Court, if necessary. 

Maine’s constitution, like those in all 50 state
s, contains an affirmative obligation on the state to maintain and support a system of free public education available to all children. To carry out this mandate, for nearly 150 years the Maine Legislature has permitted local school districts that do not operate their own public schools for geographic or historical reasons to pay tuition to approved, nonsectarian private schools for resident children.

Participating private schools must comply with a host of legal requirements to ensure they meet state standards for an appropriate, nondiscriminatory education.

The First Circuit rejected prior challenges to the Maine law in 1999 and 2004, and Maine’s highest state court rejected similar claims in 1999 and 2006. In 2018, Institute for Justice lawyers filed yet another lawsuit in the federal courts seeking to overturn Maine’s decision not to include private schools offering religious instruction in the state’s tuition program. 


In Carson v. Makin, the Institute for Justice argued that recent U.S. Supreme Court decisions, including Espinoza v. Montana Department of Revenue, which upheld a private school voucher program that included religious schools, required overturning Maine’s law. However, the Maine federal district court held that the state’s exclusion of religious schools from the tuition program did not violate the free exercise of religion and other rights guaranteed by the First and Fourteenth Amendments to the U.S Constitution. 


The PFPS amicus brief to the First Circuit emphasized Maine’s compelling interest under its state constitution in providing a free public education to all Maine children in schools that comply with state standards, including the requirement that they not engage in religious instruction. PFPS further argued that including religious schools would undermine Maine’s carefully limited program designed to provide a publicly funded education in the narrow circumstances where a district-operated secondary school is unavailable. 

The brief also detailed how including religious schools in the tuition-based program would divert significant funding away from Maine’s already underfunded public schools. Finally, PFPS warned that because religious schools often discriminate based on a student’s religious faith, disability, sexual orientation and other factors, including these schools in the tuition program would entangle Maine in regulating matters of religion or result in using taxpayer dollars to fund discrimination.


The First Circuit’s opinion upholding the Maine law explained that: “[g]iven limited public funds, the state’s rural character, and the concomitant scarcity of available public school options for residents of many [districts], we do not see why the Free Exercise Clause compels Maine either to forego relying on private schools to ensure that its residents can obtain the benefits of a free public education or to treat pervasively sectarian education as a substitute for it.”


“The First Circuit’s ruling is a powerful affirmation of Maine’s longstanding decision not to use limited taxpayer dollars to pay tuition at schools that do not provide a secular education meeting state standards to all children, free from discrimination,” said Jessica Levin, ELC Senior Attorney and PFPS Director. “We stand ready to push back efforts to divert Maine’s public funds to religious schools.”


For more information on voucher litigation and PFPS amicus briefs, visit the Litigation page of the PFPS website.


Press Contact:Sharon KrengelPolicy and Outreach DirectorEducation Law Center60 Park Place, Suite 300Newark, NJ 07102973-624-1815, ext. 24skrengel@edlawcenter.org

Peter Greene writes about a new push to expand charters in Maine by the same-old group that has failed in the past to disrupt the state’s devotion to public schools. Wake up, Maine! Don’t be fooled. They want you to divert money from public schools to privately managed schools run by entrepreneurs and corporate chains.

He begins:

Maine has suffered through its own brands of education disruption. Most notably, they became the target for a bunch folks who wanted to use Maine as a proof of concept state for proficiency based learning grafted onto standards based grading. At best they showed that a poorly implemented and underfunded disruption of this sort is disastrous; at worst, they showed that re-organizing education around the needs of data miners is a terrible idea. However you slice it, Maine’s little experiment failed hard.

But what education in Maine hasn’t had to deal with much is the rise of charter schools. The charter industry hasn’t infected Maine as badly as, say, Ohio or Indiana. There are ten charters, with fewer than a total of 3,000 students enrolled. There are plenty of possible explanations, not the least of which is that once you get away from Theme Park Maine on the coast, Maine is pretty rural (I have an old friend who used to describe his central Maine high school as fifteen miles and an hour and a half away from the nearest rival). But that limited role for charteristas may be about to change.

Like every state where charters are legal, Maine has a group that promotes, advocates, lobbies and generally cheerleads for the charter industry– the Maine Association for Charter Schools, whose stated purpose is to promote “high-quality options for all children within Maine’s public education system.” But last year the legislature indefinitely extended a charter school cap

So what’s a chartery education disruption group to do? 

How about renaming yourself? And rebranding yourself with a whole new mission by declaring yourself the leaders of the state’s education community?

So let’s meet a fun new group launched just a few months ago. It’s the Education Action Forum of Maine and it is, well– from their About Us page:

The Education Action Forum of Maine operated for twenty years as the Maine Association for Charter Schools. On June 17, 2020, the MACS board voted to change the name and expand its mission to adapt to the realities influencing the education landscape in Maine.Think of them as the Pandemic Down East Opportunist Society. Also from their About Us…

The time is ripe for an organization, such as ours, to provide leadership to assist the education system to move forward safely, and to develop strategies to restructure the system in ways unimaginable before the pandemic struck. 
It takes its “inspiration” from “analogous” groups like the Mind Trust of Indianapolis and Education Evolving in Minnesota. I’ve written about the Mind Trust before (you can read about them here and here), and they are the same old disruptor model. Declare the public schools a mess, and then declare yourself “leaders” in the education space by virtue of the fact that 1) you say so and 2) you have collected some money and political connections. Mind Trust was, in fact, saying a couple of years ago that they wanted to scale up their model to other states. 

So when EAFoM says that they are “designed to amplify the voices of families, students and teachers,” you can take that with a few tons of salt. When they talk about “restructuring the education system,” assume they mean dismantling and privatizing the public system. And when they say they are looking to develop some “critical partnerships,” pay attention to the people they partner with.