Religious Freedom, Maine Anti-Bias Law Clash at First Circuit

A panel of First Circuit judges appeared troubled by Maine’s bid to apply educational and employment antidiscrimination laws to religious schools receiving public funding during oral arguments Tuesday in light of US Supreme Court precedent.

The First Circuit heard two cases dealing with the fallout of the high court’s 2022 decision in Carson v. Makin that Maine can’t leave religious schools out of its state tuition-subsidy program, which covers private school tuition for students without access to public schools.

Maine schools that accept public funds must comply with the state’s Human Rights Act. Religious organizations receiving funding were exempted from ...