Archives for category: Maine

Andrew Tobias is a financial writer who watches politics closely.

He writes here about the hollow “bravery” of SusannCollins, who has carefully tailored her reputation as a moderate and a centrist. She is now running for her fifth term in the geriatric U.S. Senate.

Can she fool the voters of Maine one more time?

Tobias writes:

Susan Collins had the courage to stand up against her party 61 times (61 times!) when Republicans controlled the Senate in the years since 1997, as they do now — not even counting her brave announcement this past week that she would vote against Trump’s pick for attorney general, Epstein-files-scofflaw Todd Blanche.  (Look at that, Mainers!  She stands up to Trump!)

The only thing is . . . according to an analysis a classmate of mine just did with the help of A.I. . . . that in 60 of those 61 instances (60!), she knew her vote wouldn’t matter, so she got permission to do it, and it was not bravery on display, but cunning hypocrisy.  (Look at that, Mainers: she thinks you’re stupid!)

(The lone exception was a 2000 legislative-branch appropriations conference report defeated 28–69, with Republicans themselves almost evenly divided, so it was hardly much by way of defiance.)

Every one of her 27 votes against a Republican president’s nominee ended in confirmation.  And Trump’s Big Ugly Bill?  Collins was — bravely! — the sole Republican NO.  But, as planned, it squeaked by when Vance broke the 50-50 tie.

She is, of course, famously  ridiculed for being “concerned” about women losing control over their reproductive organs — etc. — but the only thing I think she’s really concerned about is losing to Troy Jackson.

It will be sweet when she does.

Graham Platner won the Democratic primary for the Senate, despite troubling allegations by women who questioned his treatment of them. When a woman he had dated said last Monday that he had forced her to have sex without her consent, it was all over for Platner. He was accused of having raped the girlfriend. He denied it, but the air was out of his balloon.

Tonight Platner denied the allegations, blamed the “establishment” for derailing his campaign, but announced that he was suspending his campaign.

The Maine Democratic Party will hold a convention and pick a new candidate.

This is the best outcome. In retrospect, the most damning evidence against Platner came from his wife, who told a campaign leader that her husband had been sexting with other women after they were married. Why would he do that? That’s a career destroyer.

But the worst instance of piling on was recorded by The Washington Post.

Last night at 10:20 pm, the Post published a vile, disgusting story about Platner that never should have seen the light of day, in my view..

In that article, Lyndsey Fifield, the conservative woman who worked for the Heritage Foundation and was part of a group supporting Kavanaugh for the Supreme Court, made a lewd accusation against Platner that could not be verified or corroborated. She said that when she had sex with Platner, he took off his condom without her consent, even though he knew she did not use birth control. Apparently this happened more than once. She dated him over a three-year period and said he “repeatedly” engaged in sex without a condom.

It started like this:

“An ex-girlfriend of embattled Senate candidate Graham Platner told The Washington Post that he repeatedly removed protection without her consent when they were having sex.
“Lyndsey Fifield, who said she dated Platner from 2013 to 2015 in D.C. and has previously accused him of physical abuse, said that she told Platner on multiple occasions that he had to wear condoms during sex because she was not on birth control.
“He would pull condoms off,” she said in an interview. “He would do it in a sneaky way. He wouldn’t tell me.”
“In a statement in response to questions about Fifield’s allegation, Platner’s campaign called the claim “categorically false and politically motivated.” The statement noted Fifield supported now-Supreme Court Justice Brett M. Kavanaugh when he was accused of sexual assault before his confirmation, an allegation he denied.”

Most of the comments–at least the first 100 or so–attacked Fifield’s credibility and motives. One asked why she didn’t use birth control. Another asked why she continued to have intercourse with him.

My reaction was that the charges should never have been published because a) there was no way to verify her allegations; b) how he had sex with a female friend is irrelevant to his character or fitness for office. Having unprotected sex is dangerous, because it might produce an unwanted pregnancy. But, to my knowledge, it is not criminal.

Rape and sexual assault are criminal acts. They do reflect on one’s fitness for office. We should have learned from Trump’s adjudicated behavior not to trust men who abuse women.

The story was disgusting. The Washington Post should be ashamed to have published this slime.

I’m glad Platner stepped aside. I’m sorry all the allegations about him did not come out long ago.

I hope the Maine Democratic Party picks a strong candidate who can unite the party and beat Susan Collins.

I strongly supported Graham Platner as the likeliest candidate to beat Senator Susan Collins in November. I was wrong, as were many others who took him at his word.

I didn’t care about his tattoo. He told us that he had gone through PTSD after four tours of duty in Iraq and Afghanistan. Like many others, I forgave him his trespasses because he was a viable progressive candidate who had energized a large following in Maine. He held town halls all over the state, and his popularity grew. Bernie Sanders endorsed him, as did other prominent Democrats.

The latest allegation against him was the last straw. A woman he dated said he raped her. She had corroboration, from friends and her therapist. Rape is a bright red line.

Platner is finished. It’s over. He was not honest with the voters.

Susan Collins is running for her sixth term in the Senate. She has already served in the Senate for 30 years. She should have retired and let someone else take her place. It’s time for a change.

Collins should never be forgiven her endorsement of Brett Kavanaugh for the Supreme Court. He told her he would never overturn Roe v. Wade. She believed him. He lied. Other Republicans would have voted no if she had voted no.

There are other well-qualified people ready to join the race. The Senate should not be a gerontocracy.

Maine Democrats must choose a replacement for Platner by July 27. Can they do it? Of course they can.

David Dayen, editor of The American Prospect, wrote previously about Platner’s character flaws and Collins’ corruption. He believes that Maine Democrats should hold a snap election. He calls it a “lighthouse primary.”

Good luck to Maine Democrats in picking someone who can defeat Collins and help create a Democratic majority in the Senate.

The stakes are high.

We have read all about the scandals of Graham Platner. We know about the women he dated, the women he texted, and his tattoo. The media has written about all of them in detail.

What we don’t know is about the financial scandals of his opponent, Senator Susan Collins. Her husband is a lobbyist, and she has lovingly taken care of his business.

David Dayen, editor of The American Prospect, wrote about the media’s double standard here.

The Founding Fathers had a finely honed sense of the corroding power of corruption. They wrote prohibitions on self-enrichment and the pull of bribery directly into the Constitution on three separate occasions, banning foreign and domestic gifts, changes to presidential compensation during one’s period in office, and appointments for members of Congress that could be remunerative. They believed that someone treated well by a foreign potentate or stateside special interest would be naturally inclined to benefit them, if even unconsciously, and that a wall needed to be constructed to guard against this.

That the Supreme Court has directly or indirectly nullified these one by one is a tragedy. But the court of public opinion, at least as mediated by gatekeepers of information, has also separated what counts as corruption from what counts as a political scandal. Donald Trump personally earning $1.4 billion from a family cryptocurrency business that benefits from his administration’s lenient crypto policies (much of those crypto purchases coming directly from a foreign government) is less well known to the public than whatever wild thing he said on his personal social media site the night before.

By the same token, Marjorie Taylor Greene is a household name, and Darializa Avila Chevalier will soon be, because of what they say, or once said. Thomas Daffron is not a household name.

Daffron is Susan Collins’s husband. He was also a registered lobbyist and eventually became chief operating officer of a K Street consulting firm named Jefferson Consulting, prior to and after marrying Collins. This firm received $76 million in government contracts for acquisition and improvement consulting during Daffron’s tenure from 2006 to 2016. Much of it came after he became COO, and especially after Collins wrote a contracting reform bill in 2007, parts of which boosted Jefferson Consulting.

Some of the connections appeared rather clear. To use one example, the Collins bill required a strategic plan for acquisition at the Federal Acquisition Institute, and Jefferson billed the Federal Acquisition Institute for its strategic plan. This pattern repeated; the bill put in rules mandating precisely the services Jefferson Consulting provided.

This is not a new revelation. It was released on the eve of Collins’s last re-election campaign six years ago. Collins’s response was that Daffron, the man she has been married to since 2012 and has known since the 1970s, never officially lobbied her. Collins won re-election and that was that, until her Democratic opponent for Senate this year, Graham Platner, brought it up as part of an anti-corruption agenda he released a week ago. He proposed the “Collins Rule”: Any senator whose spouse or the firm where they work receives government contracts should have to recuse themselves from voting or oversight work on that contract.

Collins was apoplectic. She tweeted that the claim was “outrageous and false,” and that she was defamed as a criminal. (Platner replied that he didn’t say it was criminal, but that it should be.) She sent her campaign manager to stand outside Platner’s press event and rebut the charges. The campaign manager said that money is delivered to contractors through the executive branch and not the Senate, eliding the fact that the bill Collins wrote benefited the firm her good friend and future spouse worked at.

For six years, this has been a nonstory, because we don’t have a political culture that imprints this kind of financial machination and leveraging of political power as a scandal. It’s either too complicated or just politics, and people move on.

Scandals are reserved for old internet comments and personal failings. Of these, Platner has plenty. When I talked to him last week, I mentioned that he’s become like a figure in Homer’s epics who is always preceded with an epithet: the “scandal-plagued” Graham Platner.

He’s talked about these scandals countless times, and I don’t need to rehash them here. But you can believe both that personal character is important in assessing elected officials and make room within that definition of character to cover how their actions in office affect their personal bank accounts.

“We’ve been working within a political system that for so long now, this form of self-dealing and self-enrichment has become intrinsic to the system itself,” Platner told me. “A lot of people who cover this stuff have created this framework in which that kind of thing is not even worthy of discussion … We write off actual scandal, legalized corruption, because we’ve been so immunized to it.”

This may seem solely like a media critique, and yes: It’s partially that. Headlines like “Platner Tests Democrats’ Tolerance for Scandal” are rarely matched by ones like “Collins Tests Republicans’ Tolerance for Self-Dealing.” But that takes everyone but the media off the hook.

Platner and Collins are locked in a virtually tied race, according to recent polling. Other statewide Maine races show the Democrat comfortably in front. Part of Collins’s still being in the game is due to her experience and durability, but part of it is the way in which this definition of political scandal is massaged and shaped.

In her career, Susan Collins hasn’t faced a drumbeat of questions about her consistent violations of the congressional stock trading disclosure laws that she co-authored. She hasn’t had to answer many queries about a net worth that has more than doubled since 2012, after her marriage to Daffron. She doesn’t respond to reporters about her family stock holdings in Amazon and UnitedHealth and Visa, and the votes she makes affecting those businesses.

She isn’t forced to explain why she switched her vote to allow a tax break for private equity managers to stand, and how now private equity managers are supporting her re-election with millions of dollars. She hasn’t said much about the 100 billionaires who are funding a super PAC on her behalf (run by a lobbyist whom Daffron recently consulted for) that has spent $9 million in attack ads just through the end of last month. There’s been little about how one of the billionaires is a private equity mogul who destroyed paper mills in Maine and put residents out of work.

We all know chapter and verse about Platner’s Totenkopf tattoo, his texts to women other than his wife early in his marriage, and allegations of misconduct from former girlfriends (that one he vociferously denies). These are the kinds of revelations that are grist for gossip. We don’t have a mentality that puts financial scandal and personal scandal on the same plane. Old tweets are easy to cover, but they’re also easy to understand and to render judgments in ways not applied to things that take more consideration.

The people who decide what does and doesn’t matter in politics also don’t speak the language of no-bid contractspay-to-play deals, and family benefits from contractswith the same zeal reserved for putting an old tweet on a screen. Maybe that’s because corruption hits both ways and can blow back on one’s own party, and maybe that’s because personal peccadilloes are a shortcut and time-saver.

Either way, this dearth of consideration has saddled us with this myopic definition of scandal that contributes to a disaffection with politics. If graft is seen as normal, the ability for reform and even progress feels remote.

Please open the link to finish reading this examination of the media’s double standards.

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.